**Judgment of the General Court (Fifth Chamber) of 16 September 2011 – Kadio Morokro v Council**

**(Case T-316/11)**

Common foreign and security policy – Restrictive measures taken in view of the situation in Côte d’Ivoire – Freezing of funds – Duty to state reasons

1.                     *Acts of the institutions – Statement of reasons – Obligation – Scope – Regulation imposing certain specific restrictive measures
directed against certain persons and entities in view of the situation in Côte d'Ivoire and decision renewing those measures
– Minimum requirements (Art. 296 TFEU; Council Regulation No 560/2005, as amended by Regulation No 330/2011, Annex IA; Council
Decision 2010/656, as amended by Decision 2011/221, Annex II) (see paras 20-26, 29-30, 32)*

2.                     *Acts of the institutions – Statement of reasons – Obligation – Scope – Regulation imposing partial annulment of a regulation
imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte
d'Ivoire and decision renewing those measures – Regulation of insufficient reasoning during the contentious procedure – Conditions
– Exceptional circumstances (Art. 296 TFEU; Council Regulation No 560/2005, as amended by Regulation No 330/2011, Annex IA;
Council Decision 2010/656, as amended by Decision 2011/221, Annex II) (see paras 34-35)*

3.                     *Actions for annulment – Judgment annulling a measure – Effects – Partial annulment of a regulation imposing certain specific
restrictive measures directed against certain persons and entities in view of the situation in Côte d'Ivoire and decision
renewing those measures – Decision to annul the regulation taking effect as from the expiry of the time-limit for appeal or
dismissal of the latter – Application of that time-limit to the taking of effect of the annulment of the decision (Arts 264,
second para., TFEU and 280 TFEU; Statute of the Court of Justice, Arts 56, first para., and 60, second para., Council Regulation
No 560/2005, as amended by Regulation No 330/2011; Council Decision 2010/656, as amended by Decision 2011/221) (see paras
38-39)*

**Re:**

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| | APPLICATION for annulment, first, of Council Decision 2011/221/CFSP of 6 April 2011 amending Decision 2010/656/CFSP renewing the restrictive measures against Côte d’Ivoire (OJ 2011 L 93, p. 20), and, second, Council Regulation (EU) No 330/2011 of 6 April 2011 amending Regulation (EC) No 560/2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d'Ivoire (OJ 2011 L 93, p. 10), in so far as they concern the applicant. |

**Operative part**

The Court:

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| 1. | | Annuls Council Decision 2011/221/CFSP of 6 April 2011 amending Decision 2010/656/CFSP renewing the restrictive measures against Côte d’Ivoire, and, second, Council Regulation (EU) No 330/2011 of 6 April 2011 amending Regulation (EC) No 560/2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire, in so far as they concern Mr Mathieu Kadio Morokro; |

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| --- | --- | --- |
| 2. | | Maintains the effects of Decision 2011/221 as far as concerns Mr Kadio Morokro until the annulment of Regulation No 330/2011 takes effect; |

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| --- | --- | --- |
| 3. | | Orders the Council of the European Union to pay, in addition to its own costs, the costs incurred by Mr Kadio Morokro. |