Judgment of the General Court of 6 April 2022 — Mubarak and Others v Council

(Cases T-335/18, T-338/18 and T-327/19) (1)

(Common foreign and security policy - Restrictive measures adopted in view of the situation in Egypt - Measures directed against persons responsible for misappropriation of State funds and associated persons and entities - Freezing of funds - List of persons, entities and bodies subject to the freezing of funds - Maintenance of the applicants’ names on the list - Rights of the defence - Obligation on the Council of the European Union to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection - Error of law - Manifest error of assessment)

(2022/C 237/55)

Language of the case: English

Parties

Applicants in Case T-335/18: Gamal Mohamed Hosni Elsayed Mubarak (Cairo, Egypt), Alaa Mohamed Hosni Elsayed Mubarak (Cairo), Heidy Mohamed Magdy Hussein Rasekh (Cairo), Khadiga Mahmoud El Gammal (Cairo) (represented by: B. Kennelly QC, J. Pobjoy, Barrister, and by G. Martin, C. Enderby Smith and F. Holmey, Solicitors)

Applicant in Case T-338/18: Suzanne Saleh Thabet (Cairo) (represented by: B. Kennelly QC, J. Pobjoy, Barrister, and by G. Martin, C. Enderby Smith and F. Holmey, Solicitors)

Applicant in T-327/19: Gamal Mohamed Hosni Elsayed Mubarak, as heir of Mohamed Hosni Elsayed Mubarak (Cairo) (represented by: B. Kennelly QC, J. Pobjoy, Barrister, and by G. Martin, C. Enderby Smith and F. Holmey, Solicitors)

Defendant: Council of the European Union (represented by: V. Piessevaux and A. Antoniadis, acting as Agents)

Re:

Actions based on Article 263 TFEU and seeking annulment, first, of Council Decision (CFSP) 2018/466 of 21 March 2018 amending Decision 2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt (OJ 2018 L 78I, p. 3), Council Decision (CFSP) 2019/468 of 21 March 2019 amending Decision 2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt (OJ 2019 L 80, p. 40), and Council Decision (CFSP) 2020/418 of 19 March 2020 amending Decision 2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt (OJ 2020 L 86, p. 11), and, secondly, of Council Implementing Regulation (EU) 2018/465 of 21 March 2018 implementing Regulation (EU) No 270/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt (OJ 2018 L 78I, p. 1), Council Implementing Regulation (EU) 2019/459 of 21 March 2019 implementing Regulation (EU) No 270/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt (OJ 2019 L 80, p. 1), and Council Implementing Regulation (EU) 2020/416 of 19 March 2020 implementing Regulation (EU) No 270/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt (OJ 2020 L 86, p. 3), in so far as those acts apply to the applicants.

Operative part of the judgment

The Court:

1. Orders that Cases T-335/18, T-338/18 and T-327/19 be joined for the purposes of the judgment;

2. Annuls Council Decision (CFSP) 2018/466 of 21 March 2018 amending Decision 2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt, Council Decision (CFSP) 2019/468 of 21 March 2019 amending Decision 2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt and Council Decision (CFSP) 2020/418 of 19 March 2020 amending Decision 2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt, in so far as those decisions concern Mr Gamal Mohamed Hosni Elsayed Mubarak, Mr Alaa Mohamed Hosni Elsayed Mubarak, Ms Heidy Mohamed Magdy Hussein Rasekh, Ms Khadiga Mahmoud El Gammal and Ms Suzanne Saleh Thabet;

3. Annuls Decision 2019/468 and Decision 2020/418 in so far as those decisions concern Mr Mohamed Hosni Elsayed Mubarak;

4. Annuls Council Implementing Regulation (EU) 2018/465 of 21 March 2018 implementing Regulation (EU) No 270/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt, Council Implementing Regulation (EU) 2019/459 of 21 March 2019 implementing Regulation (EU) No 270/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt and Council Implementing Regulation (EU) 2020/416 of 19 March 2020 implementing Regulation (EU) No 270/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt, in so far as those regulations concern Mr Gamal Mohamed Hosni Elsayed Mubarak, Mr Alaa Mohamed Hosni Elsayed Mubarak, Ms Heidy Mohamed Magdy Hussein Rasekh, Ms Khadiga Mahmoud El Gammal and Ms Suzanne Saleh Thabet;

5. Annuls Implementing Regulation 2019/459 and Implementing Regulation 2020/416 in so far as they concern Mr Mohamed Hosni Elsayed Mubarak;

6. Orders the Council of the European Union, in addition to bearing its own costs, to pay the costs incurred by Mr Gamal Mohamed Hosni Elsayed Mubarak, Mr Alaa Mohamed Hosni Elsayed Mubarak, Mr Mohamed Hosni Elsayed Mubarak, Ms Heidy Mohamed Magdy Hussein Rasekh, Ms Khadiga Mahmoud El Gammal and Ms Suzanne Saleh Thabet.

(1) OJ C 259, 23.7.2018.