Case T-288/15: Judgment of the General Court of 27 September 2018 — Ezz and Others v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in Egypt — Freezing of funds — Admissibility — Objectives — Criteria for inclusion of persons targeted — Renewal of designation of the applicants on the list of persons targeted — Factual basis — Plea of illegality — Legal basis — Proportionality — Right to fair trial — Presumption of innocence — Right to good administration — Error of law — Manifest error of assessment — Right to property — Rights of the defence — Right to effective judicial protection)
Date: 2018-09-27
Institutions: General Court
Subjects: EU restrictive measure, Egypt, economic sanctions, international sanctions, natural person, ownership, principle of proportionality, right to justice, rights of the defence, trade restriction








C_2018427EN.01003801.xml










26.11.2018   


EN


Official Journal of the European Union


C 427/38






Judgment of the General Court of 27 September 2018 — Ezz and Others v Council
(Case T-288/15) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in Egypt - Freezing of funds - Admissibility - Objectives - Criteria for inclusion of persons targeted - Renewal of designation of the applicants on the list of persons targeted - Factual basis - Plea of illegality - Legal basis - Proportionality - Right to fair trial - Presumption of innocence - Right to good administration - Error of law - Manifest error of assessment - Right to property - Rights of the defence - Right to effective judicial protection)
(2018/C 427/46)
Language of the case: English

Parties


Applicants: Ahmed Abdelaziz Ezz (Giza, Egypt), Abla Mohammed Fawzi Ali Ahmed Salama (Cairo, Egypt), Khadiga Ahmed Ahmed Kamel Yassin (Giza), Shahinaz Abdel Azizabdel Wahab Al Naggar (Giza) (represented by: initially J. Lewis, B. Kennelly, QC, J. Pobjoy, Barrister, J. Binns, S. Rowe, Solicitors, and J.-F. Bellis, lawyer, and subsequently B. Kennelly, J. Pobjoy, S. Rowe and H. de Charette, lawyer)

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

Re:

Application pursuant to Article 263 TFEU seeking, first, the annulment of Council Decision (CFSP) 2015/486 of 20 March 2015 amending Decision 2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt (OJ 2015 L 77, p. 16), secondly, 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 (OJ 2016 L 74, p. 40) and, thirdly, 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 (OJ 2017 L 76, p. 22), in that those acts concern the applicants.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Ahmed Abdelaziz Ezz, Abla Mohammed Fawzi Ali Ahmed Salama, Khadiga Ahmed Ahmed Kamel Yassin and Shahinaz Abdel Azizabdel Wahab Al Naggar to bear their own costs and, in addition, pay the costs incurred by the Council of the European Union.






(1)  OJ C 429, 21.12.2015.