Judgment of the Court (Seventh Chamber) of 3 December 2020 — Suzanne Saleh Thabet, Gamal Mohamed Hosni Elsayed Mubarak, Alaa Mohamed Hosni Elsayed Mubarak, Heddy Mohamed Magdy Hussein Rassekh, Khadiga Mahmoud El Gammal v Council of the European Union

(Joined Cases C-72/19 P and C-145/19 P) (1)

(Appeal - Restrictive measures adopted in view of the situation in Egypt - Freezing of funds and economic resources - List of the persons, entities and bodies covered by the freezing of funds and economic resources - Maintenance of the applicants’ names - Decision of an authority of a third State - Obligation of the Council of the European Union to verify that that decision was taken in accordance with the rights of the defence and the right to effective judicial protection - Obligation to state reasons)

(2021/C 35/10)

Language of the case: English

Parties

(Case C-72/19 P)

Appellants: Suzanne Saleh Thabet, Gamal Mohamed Hosni Elsayed Mubarak, Alaa Mohamed Hosni Elsayed Mubarak, Heddy Mohamed Magdy Hussein Rassekh, Khadiga Mahmoud El Gammal (represented by: Lord Anderson QC, B. Kennelly QC, J. Pobjoy, Barrister, and G. Martin, C. Enderby Smith and F. Holmey, Solicitors)

Other party to the proceedings: Council of the European Union (represented initially by: J. Kneale and V. Piessevaux, and subsequently by: A. Antoniadis and V. Piessevaux, acting as Agents)

(Case C-145/19 P)

Appellants: Gamal Mohamed Hosni Elsayed Mubarak, acting in his own name and on behalf of Ms Suzanne Saleh Thabet and Mr Alaa Mohamed Hosni Elsayed Mubarak, all three heirs of Mr Mohamed Hosni Elsayed Mubarak (represented by: Lord Anderson QC, B. Kennelly QC, J. Pobjoy, Barrister, and G. Martin, C. Enderby Smith and F. Holmey, Solicitors)

Other party to the proceedings: Council of the European Union (represented initially by: J. Kneale and V. Piessevaux, and subsequently by: M. Balta and V. Piessevaux, acting as Agents)

Operative part of the judgment

The Court:

1. Sets aside the judgment of the General Court of the European Union of 22 November 2018, Saleh Thabet and Others v Council (T-274/16 and T-275/16, not published, EU:T:2018:826), in so far as, by that judgment, the General Court dismissed the actions seeking the annulment of Council Decision (CFSP) 2016/411 of 18 March 2016 amending Decision 2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt and of Council Decision (CFSP) 2017/496 of 21 March 2017 amending Decision 2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt;

2. Sets aside the judgment of the General Court of the European Union of 12 December 2018, Mubarak v Council (T-358/17, not published, EU:T:2018:905);

3. Annuls Decisions 2016/411 and 2017/496, in so far as they concern Ms Suzanne Saleh Thabet, Mr Gamal Mohamed Hosni Elsayed Mubarak, Mr Alaa Mohamed Hosni Elsayed Mubarak, Ms Heddy Mohamed Magdy Hussein Rassekh and Ms Khadiga Mahmoud El Gammal;

4. Annuls Decision 2017/496, Council Implementing Regulation (EU) 2017/491 of 21 March 2017 implementing Regulation (EU) No 270/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt, 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, and 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, in so far as those acts concern Mr Mohamed Hosni Elsayed Mubarak;

5. Orders the Council of the European Union to pay the costs incurred both in the proceedings at first instance and in the present appeals.

(1) OJ C 155, 6.5.2019.

OJ C 148, 29.4.2019.