Case T-545/13: Judgment of the General Court of 30 June 2016 — Al Matri v Council (Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Measures taken against persons responsible for misappropriation of public funds and associated persons and entities — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Inclusion of the applicant’s name — Inadequate factual basis — Error of fact — Error of law — Right to property — Freedom to conduct a business — Proportionality — Rights of defence — Right to effective judicial protection — Obligation to state reasons)
Date: 2016-06-30
Institutions: General Court
Subjects: Tunisia, common foreign and security policy, economic sanctions, international sanctions, ownership, principle of proportionality, right of establishment, right to justice, rights of the defence, trade restriction








C_2016305EN.01002701.xml










22.8.2016   


EN


Official Journal of the European Union


C 305/27





Judgment of the General Court of 30 June 2016 — Al Matri v Council
(Case T-545/13) (1)

((Common foreign and security policy - Restrictive measures directed against certain persons and entities in view of the situation in Tunisia - Measures taken against persons responsible for misappropriation of public funds and associated persons and entities - Freezing of funds - List of persons, entities and bodies subject to the freezing of funds and economic resources - Inclusion of the applicant’s name - Inadequate factual basis - Error of fact - Error of law - Right to property - Freedom to conduct a business - Proportionality - Rights of defence - Right to effective judicial protection - Obligation to state reasons))
(2016/C 305/36)
Language of the case: English

Parties


Applicant: Fahed Mohamed Sakher Al Matri (Doha, Qatar) (represented by: M. Lester and B. Kennelly, Barristers, and G. Martin, Solicitor,)

Defendant: Council of the European Union (represented by: M. Bishop and I. Gurov, Agents)

Re:

Application for annulment, first, of Council Decision 2011/72/CFSP of 31 January 2011 concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2011 L 28, p. 62), implemented by Council Implementing Decision 2013/409/CFSP of 30 July 2013 (OJ 2013 L 204, p. 52), by Council Decision 2014/49/CFSP of 30 January 2014 (OJ 2014 L 28, p. 38) and by Council Decision (CFSP) 2015/157 of 30 January 2015 (OJ 2015 L 26, p. 29), and, secondly, of Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia (OJ 2011 L 31, p. 1), implemented by Council Implementing Regulation (EU) No 735/2013 of 30 July 2013 (OJ 2013 L 204, p. 23), by Council Implementing Regulation (EU) No 81/2014 of 30 January 2014 (OJ 2014 L 28, p. 2) and by Council Implementing Regulation (EU) No 147/2015 of 30 January 2015 (OJ 2015 L 26, p. 3), in so far as those acts apply to the applicant.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Fahed Mohamed Sakher Al Matri to bear his own costs and to pay those incurred by the Council of the European Union.






(1)  OJ C 359, 7.12.2013.