Case T-681/14: Judgment of the General Court of 28 March 2017 — El-Qaddafi v Council (Common foreign and security policy — Restrictive measures taken against Libya — Freezing of funds — Restrictions on the entry into and transit through the territory of the European Union — Retention of the applicant’s name — Rights of the defence — Obligation to state reasons)
Date: 2017-03-28
Institutions: General Court
Subjects: Libya, common foreign and security policy, economic sanctions, freedom of movement, international sanctions, natural person, rights of the defence, trade restriction








C_2017151EN.01002801.xml










15.5.2017   


EN


Official Journal of the European Union


C 151/28





Judgment of the General Court of 28 March 2017 — El-Qaddafi v Council
(Case T-681/14) (1)

((Common foreign and security policy - Restrictive measures taken against Libya - Freezing of funds - Restrictions on the entry into and transit through the territory of the European Union - Retention of the applicant’s name - Rights of the defence - Obligation to state reasons))
(2017/C 151/34)
Language of the case: English

Parties


Applicant: Aisha Muammer Mohamed El-Qaddafi (Muscat, Oman) (represented by: initially J. Jones QC, and subsequently by S. Bafadhel, Barrister)

Defendant: Council of the European Union (represented by: S. Kyriakopoulou and A. de Elera-San Miguel Hurtado, acting as Agents)

Re:

Application pursuant to Article 263 TFEU for annulment, first, of Council Decision 2014/380/CFSP of 23 June 2014 amending Decision 2011/137/CFSP concerning restrictive measures in view of the situation in Libya (OJ 2014 L 183, p. 52), in so far as it maintains the applicant’s name on the list in Annexes I and III to Council Decision 2011/137/CFSP of 28 February 2011 concerning restrictive measures in view of the situation in Libya (OJ 2011 L 58, p. 53), and, secondly, of Council Implementing Regulation (EU) No 689/2014 of 23 June 2014 implementing Article 16(2) of Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya (OJ 2014 L 183, p. 1), in so far as it maintains the applicant’s name on the list in Annex II to Council Regulation (EU) No 204/2011 of 2 March 2011 concerning restrictive measures in view of the situation in Libya (OJ 2011 L 58, p. 1).

Operative part of the judgment

The Court:






1.


Annuls Council Decision 2014/380/CFSP of 23 June 2014 amending Decision 2011/137/CFSP concerning restrictive measures in view of the situation in Libya, in so far as it maintains the name of Ms Aisha Muammer Mohamed El-Qaddafi on the list in Annexes I and III to Council Decision 2011/137/CFSP of 28 February 2011 concerning restrictive measures in view of the situation in Libya;










2.


Annuls Council Implementing Regulation (EU) No 689/2014 of 23 June 2014 implementing Article 16(2) of Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya, in so far as it maintains the name of Ms El-Qaddafi on the list in Annex II to Council Regulation (EU) No 204/2011 of 2 March 2011 concerning restrictive measures in view of the situation in Libya;










3.


Orders the Council of the European Union to pay the costs.






(1)  OJ C 431, 1.12.2014.