Judgment;Information — ECLI:EU:T:2021:62
Date: 2021-02-03
Language of the case: French
Court formation: Seventh Chamber
Subject matter: External relations;Common foreign and security policy
Procedure: Action for annulment - unfounded

Judgment of the General Court of 3 February 2021 – Kanyama v Council (Case T-123/19) 1 (Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Retention of the applicant’s name on the lists of persons covered – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality) Language of the case: French Parties Applicant: Célestin Kanyama (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, A. Guillerme and T. Payan, lawyers) Defendant: Council of the European Union (represented by: J.-P. Hix, H. Marcos Fraile, S. Van Overmeire and M.-C. Cadilhac, acting as Agents) Re: Application under Article 263 TFEU seeking annulment, first, of Council Decision (CFSP) 2018/1940 of 10 December 2018 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2018 L 134, p.47) and, second, Council Implementing Regulation (EU) 2018/1931 of 10 December 2018 implementing Article 9 of Regulation (EC) No 1183/2005 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 2018 L 314, p. 1), in so far as those acts concern the applicant. Operative part of the judgment The Court: Dismisses the action; Orders Mr Célestin Kanyama to pay the costs. ____________ 1 OJ C 139, 15.4.2019.