Judgment of the General Court of 28 September 2022 — LAICO v Council

(Case T-627/20) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in Libya - Freezing of funds - List of persons, entities and bodies subject to the freezing of funds and economic resources - Retention of the applicant’s name on the list - Error of assessment)

(2022/C 463/32)

Language of the case: English

Parties

Applicant: Libyan African Investment Company (LAICO) (Tripoli, Libya) (represented by: A. Bahrami and N. Korogiannakis, lawyers)

Defendant: Council of the European Union (represented by: M.-C. Cadilhac and V. Piessevaux, acting as Agents)

Re:

By its application under Article 263 TFEU, the applicant seeks annulment, first, of Council Implementing Decision (CFSP) 2020/1137 of 30 July 2020 implementing Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya (OJ 2020 L 247, p. 40) and of Council Decision (CFSP) 2021/1251 of 29 July 2021 amending Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya (OJ 2021 L 272, p. 71), in so far as they maintain the applicant’s name on the list of entities set out in Annex IV to Council Decision (CFSP) 2015/1333 of 31 July 2015 concerning restrictive measures in view of the situation in Libya, and repealing Decision 2011/137/CFSP (OJ 2015 L 206, p. 34), and, secondly, of Council Implementing Regulation (EU) 2020/1130 of 30 July 2020 implementing Article 21(2) of Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya (OJ 2020 L 247, p. 14) and of Council Implementing Regulation (EU) 2021/1241 of 29 July 2021 implementing Article 21(2) of Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya and repealing Regulation (EU) No 204/2011 (OJ 2021 L 272, p. 1), in so far as they maintain the applicant’s name on the list of entities set out in Annex III to Council Regulation (EU) 2016/44 of 18 January 2016 concerning restrictive measures in view of the situation in Libya and repealing Regulation (EU) No 204/2011 (OJ 2016 L 12, p. 1).

Operative part of the judgment

The Court:

1. Annuls Council Implementing Decision (CFSP) 2020/1137 of 30 July 2020 implementing Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya and Council Decision (CFSP) 2021/1251 of 29 July 2021 amending Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya in so far as they maintain the name of Libyan African Investment Company (LAICO) on the list of entities set out in Annex IV to Council Decision (CFSP) 2015/1333 of 31 July 2015 concerning restrictive measures in view of the situation in Libya, and repealing Decision 2011/137/CFSP;

2. Annuls Council Implementing Regulation (EU) 2020/1130 of 30 July 2020 implementing Article 21(2) of Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya and Council Implementing Regulation (EU) 2021/1241 of 29 July 2021 implementing Article 21(2) of Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya and repealing Regulation (EU) No 204/2011 in so far as they maintain the name of LAICO on the list of entities set out in Annex III to Council Regulation (EU) 2016/44 of 18 January 2016 concerning restrictive measures in view of the situation in Libya and repealing Regulation (EU) No 204/2011;

3. Orders the effects of Article 1 of Decision 2021/1251 to be maintained in respect of LAICO until the date of expiry of the period for bringing an appeal, as provided for in the first paragraph of Article 56 of the Statute of the Court of Justice of the European Union, or, if an appeal is brought within that period, until the date of any dismissal of that appeal;

4. Orders the Council of the European Union to pay the costs.

(1) OJ C 443, 21.12.2020.