# C_2018161EN.01006001.xml

| 7.5.2018 | EN | Official Journal of the European Union | C 161/60 |
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7.5.2018

EN

Official Journal of the European Union

C 161/60

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Action brought on 8 March 2018 — Amisi Kumba v Council

(Case T-163/18)

(2018/C 161/71)

Language of the case: French

Parties

Parties

Applicant: Gabriel Amisi Kumba (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, M. Forgeois and A. Guillerme, lawyers)

Applicant:

Defendant: Council of the European Union

Defendant:

Form of order sought

Form of order sought

| — | Annul Council Decision (CFSP) 2017/2282 of 11 December 2017 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo, in so far as the applicant remains at No 2 in Annex II to Decision 2010/788/CFSP and No 2 in Annex Ia to Regulation (EC) No 1183/2005; |
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Annul Council Decision (CFSP) 2017/2282 of 11 December 2017 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo, in so far as the applicant remains at No 2 in Annex II to Decision 2010/788/CFSP and No 2 in Annex Ia to Regulation (EC) No 1183/2005;

| — | Rule that the provisions of Articles 3(2)(b) of Decision 2010/788/CFSP, as amended by Decision 2016/2231/CFSP, and 2b(1)(b) of Regulation [No] 1183/2005/EC are unlawful; |
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Rule that the provisions of Articles 3(2)(b) of Decision 2010/788/CFSP, as amended by Decision 2016/2231/CFSP, and 2b(1)(b) of Regulation [No] 1183/2005/EC are unlawful;

| — | Order the Council to pay the costs. |
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Order the Council to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.

| 1. | First plea in law, alleging infringement of the rights of the defence, including breach of the obligation to state reasons justifying the measures and ensuring effective judicial protection and breach of the right to be heard. |
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1.

First plea in law, alleging infringement of the rights of the defence, including breach of the obligation to state reasons justifying the measures and ensuring effective judicial protection and breach of the right to be heard.

| 2. | Second plea in law, alleging a manifest error of assessment as regards the involvement of the applicant in acts constituting serious human rights breaches in the Democratic Republic of the Congo. |
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2.

Second plea in law, alleging a manifest error of assessment as regards the involvement of the applicant in acts constituting serious human rights breaches in the Democratic Republic of the Congo.

| 3. | Third plea in law, alleging infringement of the right to privacy, the right of property and the principle of proportionality. |
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3.

Third plea in law, alleging infringement of the right to privacy, the right of property and the principle of proportionality.

| 4. | Fourth plea in law, alleging that the provisions of Articles 3(2)(b) of Council Decision 2010/788/CFSP of 20 December 2010 concerning restrictive measures against the Democratic Republic of the Congo and repealing Common Position 2008/369/CFSP (OJ 2010 L 336, p. 30), as amended by Council Decision 2016/2231/CFSP of 12 December 2016 amending Decision 2010/788/CFSP of 20 December 2010 concerning restrictive measures against the Democratic Republic of the Congo (OJ 2016 L 336, p. 7), and 2b(1)(b) of Council Regulation (EC) No 1183/2005 of 18 July 2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ 2005 L 193, p. 1) are unlawful. |
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4.

Fourth plea in law, alleging that the provisions of Articles 3(2)(b) of Council Decision 2010/788/CFSP of 20 December 2010 concerning restrictive measures against the Democratic Republic of the Congo and repealing Common Position 2008/369/CFSP (OJ 2010 L 336, p. 30), as amended by Council Decision 2016/2231/CFSP of 12 December 2016 amending Decision 2010/788/CFSP of 20 December 2010 concerning restrictive measures against the Democratic Republic of the Congo (OJ 2016 L 336, p. 7), and 2b(1)(b) of Council Regulation (EC) No 1183/2005 of 18 July 2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ 2005 L 193, p. 1) are unlawful.

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