# C_2012133EN.01000602.xml

| 5.5.2012 | EN | Official Journal of the European Union | C 133/6 |
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5.5.2012

EN

Official Journal of the European Union

C 133/6

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Judgment of the Court (Grand Chamber) of 13 March 2012 — Pye Phyo Tay Za v Council of the European Union, United Kingdom of Great Britain and Northern Ireland, European Commission

(Case C-376/10 P) (1)

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(Appeal - Common foreign and security policy - Restrictive measures against the Republic of the Union of Myanmar - Freezing of funds applicable to persons, entities and bodies - Legal basis)

2012/C 133/10

Language of the case: English

Parties

Parties

Appellant: Pye Phyo Tay Za (represented by: D. Anderson QC, S. Kentridge QC, M. Lester, Barrister, and G. Martin, Solicitor)

Appellant:

Other parties to the proceedings: Council of the European Union (represented by: M. Bishop and E. Finnegan, acting as Agents), United Kingdom of Great Britain and Northern Ireland (represented by: S. Hathaway, acting as Agent, and D. Beard, Barrister), European Commission (represented by: S. Boelaert and M. Konstantinidis, acting as Agents)

Other parties to the proceedings:

Re:

Re:

Appeal brought against the judgment of the General Court (Eighth Chamber) of 19 May 2010 in Case T-181/08 Tay Za v Council, by which the Court dismissed an application for partial annulment of Council Regulation (EC) No 194/2008 of 25 February 2008 renewing and strengthening the restrictive measures in respect of Burma/Myanmar and repealing Regulation (EC) No 817/2006, in so far as the applicant’s name appears on the list of persons, entities or bodies to which those provisions apply (OJ 2008 L 66, p. 1)

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Sets aside the judgment of the General Court of the European Union of 19 May 2010 in Case T-181/08 Tay Za v Council; |
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1.

Sets aside the judgment of the General Court of the European Union of 19 May 2010 in Case T-181/08 Tay Za v Council;

| 2. | Annuls Council Regulation (EC) No 194/2008 of 25 February 2008 renewing and strengthening the restrictive measures in respect of Burma/Myanmar and repealing Regulation (EC) No 817/2006 in so far as Mr Tay Za is concerned; |
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2.

Annuls Council Regulation (EC) No 194/2008 of 25 February 2008 renewing and strengthening the restrictive measures in respect of Burma/Myanmar and repealing Regulation (EC) No 817/2006 in so far as Mr Tay Za is concerned;

| 3. | Orders the Council of the European Union to pay the costs of both the proceedings at first instance and the appeal proceedings; |
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3.

Orders the Council of the European Union to pay the costs of both the proceedings at first instance and the appeal proceedings;

| 4. | Orders the United Kingdom of Great Britain and Northern Ireland and the European Commission to bear their own costs in relation to both the proceedings at first instance and the appeal proceedings. |
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4.

Orders the United Kingdom of Great Britain and Northern Ireland and the European Commission to bear their own costs in relation to both the proceedings at first instance and the appeal proceedings.

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(1)  OJ C 260, 25.9.2010.

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