Judgment of the General Court of 21 April 2021 — El-Qaddafi v Council

(Case T-322/19) (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 - Restrictions on entry into and transit through the territory of the European Union - List of persons subject to restrictions on entry into and transit through the territory of the European Union - Retention of the applicant’s name on the lists - Period allowed for commencing proceedings - Admissibility - Obligation to state reasons - Error of assessment)

(2021/C 242/32)

Language of the case: English

Parties

Applicant: Aisha Muammer Mohamed El-Qaddafi (Muscat, Oman) (represented by: S. Bafadhel, Barrister)

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

Re:

Application, first, pursuant to Article 263 TFEU for annulment of (i) Council Implementing Decision (CFSP) 2017/497 of 21 March 2017 implementing Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya (OJ 2017 L 76, p. 25), and Council Implementing Decision (CFSP) 2020/374 of 5 March 2020 implementing Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya (OJ 2020 L 71, p. 14), in so far as they maintain the applicant’s name on the lists in Annexes I and III 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 (ii) Council Implementing Regulation (EU) 2017/489 of 21 March 2017 implementing Article 21(5) of Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya (OJ 2017 L 76, p. 3), and Council Implementing Regulation (EU) 2020/371 of 5 March 2020 implementing Article 21(5) of Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya (OJ 2020 L 71, p. 5), in so far as they maintain the applicant’s name on the list in Annex II 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); and, second, pursuant to Article 265 TFEU for a declaration that the Council unlawfully failed to notify the acts in question to the applicant at the time of their adoption.

Operative part of the judgment

The Court:

1. Annuls Council Implementing Decision (CFSP) 2017/497 of 21 March 2017 implementing Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya, and Council Implementing Decision (CFSP) 2020/374 of 5 March 2020 implementing Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya, in so far as they maintain the name of Ms Aisha Muammer Mohamed El-Qaddafi on the lists in Annexes I and III 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) 2017/489 of 21 March 2017 implementing Article 21(5) of Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya, and Council Implementing Regulation (EU) 2020/371 of 5 March 2020 implementing Article 21(5) of Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya, in so far as they maintain the name of Ms Aisha Muammer Mohamed El-Qaddafi on the list in Annex II 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 Implementing Decision 2020/374 to be maintained in respect of Ms Aisha Muammer Mohamed El-Qaddafi 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 246, 22.7.2019.