Case T-151/18: Judgment of the General Court of 28 October 2020 — Ben Ali v Council (Common foreign and security policy — Restrictive measures taken having regard to the situation in Tunisia — Measures taken against persons responsible for misappropriation of public funds and associated persons and entities — List of persons, entities and bodies covered by the freezing of funds — Maintenance of the applicant’s name on the list — Rights of defence — Right to effective judicial protection — Obligation to adjudicate within a reasonable — Sufficient factual basis — Time limits for bringing proceedings — Legal aid — Suspensive effect — Admissibility — Conditions)
Date: 2020-10-28
Institutions: General Court
Subjects: EU restrictive measure, Tunisia, appeal, economic sanctions, international sanctions, legal aid, limitation of legal proceedings, natural person, right to justice, rights of the defence








C_2020443EN.01001901.xml










21.12.2020   


EN


Official Journal of the European Union


C 443/19






Judgment of the General Court of 28 October 2020 — Ben Ali v Council
(Case T-151/18) (1)

(Common foreign and security policy - Restrictive measures taken having regard to the situation in Tunisia - Measures taken against persons responsible for misappropriation of public funds and associated persons and entities - List of persons, entities and bodies covered by the freezing of funds - Maintenance of the applicant’s name on the list - Rights of defence - Right to effective judicial protection - Obligation to adjudicate within a reasonable - Sufficient factual basis - Time limits for bringing proceedings - Legal aid - Suspensive effect - Admissibility - Conditions)
(2020/C 443/22)
Language of the case: French

Parties


Applicant: Slim Ben Tijani Ben Haj Hamda Ben Ali (Verneuil-l’Étang, France) (represented by: K. Lara, lawyer)

Defendant: Council of the European Union (represented by: S. Lejeune, A. Jaume and V. Piessevaux, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment of Council Decision (CFSP) 2018/141 of 29 January 2018 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2018 L 25, p. 38), of Council Decision (CFSP) 2019/135 of 28 January 2019 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2019 L 25, p. 23) and of Council Decision (CFSP) 2020/117 of 27 January 2020 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2020 L 22, p. 31) to the extent that those acts concern the applicant.

Operative part of the judgment

The Court:






1.


Annuls Council Decision (CFSP) 2018/141 of 29 January 2018 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia and Council Decision (CFSP) 2019/135 of 28 January 2019 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia to the extent they concern Mr Slim Ben Tijani Ben Haj Hamda Ben Ali.










2.


Dismisses the action for the remainder;










3.


Orders the Council of the European Union to bear its own costs and pay those incurred by Mr Ben Ali.






(1)  OJ C 263, 5.8.2019.