62022TJ0093_INF
Judgment of the General Court (Fourth Chamber) of 8 March 2023 –Ramazani Shadary v Council
(Case T‑93/22) (
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(Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Proof that inclusion and retention on the lists is well founded – Change of the factual and legal circumstances which led to the adoption of the restrictive measures)
1.
European Union – Judicial review of the legality of the acts of the institutions – Restrictive measures directed against the Democratic Republic of the Congo – Scope of the review – Proof that the measure is well founded – Obligation on the competent EU authority to establish, in the event of challenge, that the reasons relied on against the persons or entities concerned are well founded
(Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2010/788/CFSP, as amended by Decision (CFSP) 2021/2181, Annex II; Council Regulations No 1183/2005 and 2021/2177, Annex)
(see paragraphs 46-50)
2.
Common foreign and security policy – Restrictive measures directed against the Democratic Republic of the Congo – Scope – Persons who have been involved in planning, directing, or committing acts that constitute serious human rights violations or abuses – Meaning – Persons who have committed those acts in the past, notwithstanding the lack of evidence establishing current involvement or participation in such acts – Conditions – Error of assessment
(Council Decision 2010/788/CFSP, as amended by Decisions (CFSP) 2016/2231 and (CFSP) 2021/2181, Art. 3(2)(b) and Annex II; Council Regulations No 1183/2005, Art. 2b(1)(b), and 2021/2177, Annex)
(see paragraphs 51, 52, 66-76)
Operative part
The Court:
1.
Annuls Council Decision (CFSP) 2021/2181 of 9 December 2021 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo and Council Implementing Regulation (EU) 2021/2177 of 9 December 2021, 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 in so far as those acts concern Mr Emmanuel Ramazani Shadary;
2.
Orders the Council of the European Union to pay the costs.
(
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)	OJ C 148, 4.4.2022.