62022TJ0094_INF
Judgment of the General Court (Fourth Chamber) of 8 March 2023 –Mutondo v Council
(Case T‑94/22) (
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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 – Manifest error of assessment – 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 45-48)
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 Decision (CFSP) 2021/2181, Annex II; Council Regulations No 1183/2005 and 2021/2177, Annex)
(see paragraphs 49, 50, 59, 60, 63, 64, 73-75, 77-79)
3.
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 – Inclusion of the applicant’s name on the list of persons covered by those measures by reason of his or her office – Documents publicly available establishing serious human rights violations or actions undermining the rule of law – Probative value – Absence
(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 66-68, 70-72)
4.
Common foreign and security policy – Restrictive measures directed against the Democratic Republic of the Congo – Freezing of funds of persons undermining the rule of law or contributing to the commission of acts that constitute serious human rights violations – Criteria – Roles conferring responsibility for the repression of the civil population or compliance with the rule of law – Council’s obligation to carry out an updated assessment in the course of the review of the restrictive measures – Evidence to the contrary – Change in the specific situation of the person covered by the restrictive measures – Position in respect of disassociation from the regime – Unnecessary – Error of assessment
(Council Decision 2010/788/CFSP, as amended by Decision (CFSP) 2021/2181, Annex II; Council Regulations No 1183/2005 and 2021/2177, Annex)
(see paragraph 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 Kalev Mutondo;
2.
Orders the Council of the European Union to pay the costs.
(
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)	OJ C 148, 4.4.2022.