Case T-172/18: Judgment of the General Court of 12 February 2020 —Akili Mundos v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Renewal of the listing of the applicant’s name on the list of persons covered by restrictive measures adopted autonomously by the Union — First listing of applicant’s name on the list of persons covered by the Sanctions Committee of the United Nations Security Council — Obligation to state reasons — Rights of the defence — Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures — Error of law — Manifest error of assessment — Right to property — Proportionality — Presumption of innocence — Plea of illegality)
Date: 2020-02-12
Institutions: General Court
Subjects: Democratic Republic of the Congo, economic sanctions, human rights, international sanctions, natural person, ownership, principle of proportionality, protection of privacy, right to justice, rights of the defence








C_2020103EN.01002401.xml










30.3.2020   


EN


Official Journal of the European Union


C 103/24






Judgment of the General Court of 12 February 2020 —Akili Mundos v Council
(Case T-172/18) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Renewal of the listing of the applicant’s name on the list of persons covered by restrictive measures adopted autonomously by the Union - First listing of applicant’s name on the list of persons covered by the Sanctions Committee of the United Nations Security Council - Obligation to state reasons - Rights of the defence - Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures - Error of law - Manifest error of assessment - Right to property - Proportionality - Presumption of innocence - Plea of illegality)
(2020/C 103/33)
Language of the case: French

Parties


Applicant: Muhindo Akili Mundos (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, M. Forgeois and A. Guillerme, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix, S. Lejeune and H. Marcos Fraile, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment of Council Decision (CFSP) 2017/2282 of 11 December 2017 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2017 L 328, p. 19), of Council Implementing Decision (CFSP) 2018/202 of 9 February 2018 implementing Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2018 L 38, p. 19), and of Council Implementing Regulation (EU) No 2018/197 of 9 February 2018 implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ 2018 L 38, p. 2), in so far as they concern the applicant.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Muhindo Akili Mundos to pay the costs.






(1)  OJ C 161, 7.5.2018.