Judgment of the General Court (Fifth Chamber) of 16 September 2011 – Kadio Morokro v Council

(Case T-316/11)

Common foreign and security policy – Restrictive measures taken in view of the situation in Côte d’Ivoire – Freezing of funds – Duty to state reasons

1. Acts of the institutions – Statement of reasons – Obligation – Scope – Regulation imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d'Ivoire and decision renewing those measures – Minimum requirements (Art. 296 TFEU; Council Regulation No 560/2005, as amended by Regulation No 330/2011, Annex IA; Council Decision 2010/656, as amended by Decision 2011/221, Annex II) (see paras 20-26, 29-30, 32)

2. Acts of the institutions – Statement of reasons – Obligation – Scope – Regulation imposing partial annulment of a regulation imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d'Ivoire and decision renewing those measures – Regulation of insufficient reasoning during the contentious procedure – Conditions – Exceptional circumstances (Art. 296 TFEU; Council Regulation No 560/2005, as amended by Regulation No 330/2011, Annex IA; Council Decision 2010/656, as amended by Decision 2011/221, Annex II) (see paras 34-35)

3. Actions for annulment – Judgment annulling a measure – Effects – Partial annulment of a regulation imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d'Ivoire and decision renewing those measures – Decision to annul the regulation taking effect as from the expiry of the time-limit for appeal or dismissal of the latter – Application of that time-limit to the taking of effect of the annulment of the decision (Arts 264, second para., TFEU and 280 TFEU; Statute of the Court of Justice, Arts 56, first para., and 60, second para., Council Regulation No 560/2005, as amended by Regulation No 330/2011; Council Decision 2010/656, as amended by Decision 2011/221) (see paras 38-39)

Re:

APPLICATION for annulment, first, of Council Decision 2011/221/CFSP of 6 April 2011 amending Decision 2010/656/CFSP renewing the restrictive measures against Côte d’Ivoire (OJ 2011 L 93, p. 20), and, second, Council Regulation (EU) No 330/2011 of 6 April 2011 amending Regulation (EC) No 560/2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d'Ivoire (OJ 2011 L 93, p. 10), in so far as they concern the applicant.

Operative part

The Court:

1. Annuls Council Decision 2011/221/CFSP of 6 April 2011 amending Decision 2010/656/CFSP renewing the restrictive measures against Côte d’Ivoire, and, second, Council Regulation (EU) No 330/2011 of 6 April 2011 amending Regulation (EC) No 560/2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire, in so far as they concern Mr Mathieu Kadio Morokro;

2. Maintains the effects of Decision 2011/221 as far as concerns Mr Kadio Morokro until the annulment of Regulation No 330/2011 takes effect;