# C_2013225EN.01006802.xml

| 3.8.2013 | EN | Official Journal of the European Union | C 225/68 |
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3.8.2013

EN

Official Journal of the European Union

C 225/68

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Judgment of the General Court of 28 May 2013 — Chiboub v Council

(Case T-188/11) (1)

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(Common foreign and security policy - Restrictive measures directed against certain persons and entities in view of the situation in Tunisia - Freezing of funds - No legal basis)

2013/C 225/151

Language of the case: French

Parties

Parties

Applicant: Mohamed Slim Ben Mohamed Hassen Ben Salah Chiboub (Abu Dhabi, United Arab Emirates) (represented by: initially, G. Perrot and F. Gaudillière, and subsequently by M.-M. Le Roux, lawyers)

Applicant:

Defendant: Council of the European Union (represented by: initially, A. Vitro, G. Étienne and S. Cook, and subsequently by A. Vitro and G. Étienne, acting as Agents)

Defendant:

Interveners in support of the defendant: European Commission (represented by: A. Bordes and M. Konstantinidis, acting as Agents); and Republic of Tunisia (represented by: W. Bourdon, lawyer)

Interveners in support of the defendant:

Re:

Re:

Application for annulment, first, of Council Decision 2011/72/CFSP of 31 January 2011 concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2011 L 28, p. 62); secondly, of Council Implementing Decision 2011/79/CFSP of 4 February 2011 implementing Decision 2011/72 (OJ 2011 L 31, p. 40); and, thirdly, of Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia (OJ 2011 L 31, p. 1), in so far as those measures apply to the applicant.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls the Annex to Council Decision 2011/72/CFSP of 31 January 2011 concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia, as amended by Council Implementing Decision 2011/79/CFSP of 4 February 2011 implementing Decision 2011/72, in so far as it applies to Mr Mohamed Slim Ben Mohamed Hassen Ben Salah Chiboub; |
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1.

Annuls the Annex to Council Decision 2011/72/CFSP of 31 January 2011 concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia, as amended by Council Implementing Decision 2011/79/CFSP of 4 February 2011 implementing Decision 2011/72, in so far as it applies to Mr Mohamed Slim Ben Mohamed Hassen Ben Salah Chiboub;

| 2. | Annuls Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia in so far as it applies to Mr Chiboub; |
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2.

Annuls Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia in so far as it applies to Mr Chiboub;

| 3. | Declares that the effects of the Annex to Decision 2011/72, as amended by Implementing Decision 2011/79, with respect to Mr Chiboub shall be maintained until the annulment of Regulation No 101/2011 takes effect in so far as it applies to Mr Chiboub; |
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3.

Declares that the effects of the Annex to Decision 2011/72, as amended by Implementing Decision 2011/79, with respect to Mr Chiboub shall be maintained until the annulment of Regulation No 101/2011 takes effect in so far as it applies to Mr Chiboub;

| 4. | Orders the Council of the European Union to bear its own costs and to pay those incurred by Mr Chiboub; |
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4.

Orders the Council of the European Union to bear its own costs and to pay those incurred by Mr Chiboub;

| 5. | Orders the European Commission and the Republic of Tunisia to bear their own costs. |
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5.

Orders the European Commission and the Republic of Tunisia to bear their own costs.

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(1)  OJ C 145, 14.5.2011.

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