# C_2023127EN.01005401.xml

| 11.4.2023 | EN | Official Journal of the European Union | C 127/54 |
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11.4.2023

EN

Official Journal of the European Union

C 127/54

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Action brought on 20 February 2023 — Kande Mupompa v Council

(Case T-88/23)

(2023/C 127/66)

Language of the case: French

Parties

Applicant: Alex Kande Mupompa (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf and A. Guillerme, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:

| — | annul Council Decision (CFSP) 2022/2412 of 8 December 2022, (1) in so far as the applicant remains at No 5 in the annex to that decision; |
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annul Council Decision (CFSP) 2022/2412 of 8 December 2022, (1) in so far as the applicant remains at No 5 in the annex to that decision;

| — | annul Council Implementing Regulation (EU) 2022/2401 of 8 December 2022, (2) in so far as the applicant remains at No 5 in Annex I to that regulation; |
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annul Council Implementing Regulation (EU) 2022/2401 of 8 December 2022, (2) in so far as the applicant remains at No 5 in Annex I to that regulation;

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

Pleas in law and main arguments

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

| 1. | First plea in law, alleging infringement of the right of defence. In that respect, the applicant raises a number of complaints regarding the infringement of his rights in the course of the procedures that led the Council to adopt and renew the restrictive measures against him and, in particular, the infringement of his right to be heard under acceptable conditions. |
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1.

First plea in law, alleging infringement of the right of defence. In that respect, the applicant raises a number of complaints regarding the infringement of his rights in the course of the procedures that led the Council to adopt and renew the restrictive measures against him and, in particular, the infringement of his right to be heard under acceptable conditions.

| 2. | Second plea in law, alleging that the Council committed a manifest error of assessment regarding the applicant’s involvement in acts constituting serious human rights breaches in the Democratic Republic of the Congo. The applicant criticises the context of the review, which preceded the contested renewal of the restrictive measures and disputes any current involvement in the events underpinning the decision to include him in the list of persons covered by Decision 2010/788/CFSP. |
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2.

Second plea in law, alleging that the Council committed a manifest error of assessment regarding the applicant’s involvement in acts constituting serious human rights breaches in the Democratic Republic of the Congo. The applicant criticises the context of the review, which preceded the contested renewal of the restrictive measures and disputes any current involvement in the events underpinning the decision to include him in the list of persons covered by Decision 2010/788/CFSP.

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(1)  Council Decision (CFSP) 2022/2412 of 8 December 2022 amending Decision 2010/788/CFSP concerning restrictive measures in view of the situation in the Democratic Republic of the Congo (OJ 2022 L 317, p. 122).

(2)  Council Implementing Regulation (EU) 2022/2401 of 8 December 2022 implementing Article 9 of Regulation (EC) No 1183/2005 concerning restrictive measures in view of the situation in the Democratic Republic of the Congo (OJ 2022 L 317, p. 32).

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