Case T-89/23: Judgment of the General Court of 10 July 2024 – Boshab v Council (Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of assets – Restriction on admission to the territory of the Member States – Maintaining the applicant’s name on the lists of persons concerned – Proof that maintaining him on the lists was well-founded – Error of assessment – Change in the factual and legal circumstances leading to the adoption and maintenance of the restrictive measures)
Date: 2024-07-10
Institutions: General Court
Subjects: Democratic Republic of the Congo, EU restrictive measure, economic sanctions, freezing of assets, international sanctions, natural person








C_202405097EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/5097


26.8.2024






Judgment of the General Court of 10 July 2024 – Boshab v Council


(Case T-89/23)
                (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in the Democratic Republic of the Congo - Freezing of assets - Restriction on admission to the territory of the Member States - Maintaining the applicant’s name on the lists of persons concerned - Proof that maintaining him on the lists was well-founded - Error of assessment - Change in the factual and legal circumstances leading to the adoption and maintenance of the restrictive measures)
(C/2024/5097)
Language of the case: French

Parties


Applicant: Évariste Boshab (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf and A. Guillerme, lawyers)

Defendant: Council of the European Union (represented by: M.-C. Cadilhac and S. Lejeune, acting as Agents)

Re:

By his action based on Article 263 TFEU, the applicant seeks, in essence, the annulment, first, of Council Decision (CFSP) 2022/2412 of 8 December 2022 amending Decision 2010/788/CFSP concerning restrictive measures in view of the situation in the Democratic Republic of the Congo (OJ 2022 L 317, p. 122) and of Council Implementing Regulation (EU) 2022/2401 of 8 December 2022 implementing Article 9 of Regulation (EC) No 1183/2005 concerning restrictive measures in view of the situation in the Democratic Republic of the Congo (OJ 2022 L 317, p. 32) and, secondly, of Council Decision (CFSP) 2023/2768 of 8 December 2023 amending Decision 2010/788/CFSP concerning restrictive measures in view of the situation in the Democratic Republic of the Congo (OJ L 2023/2768), and of Council Implementing Regulation (EU) 2023/2771 of 8 December 2023 implementing Article 9 of Regulation (EC) No 1183/2005 concerning restrictive measures in view of the situation in the Democratic Republic of the Congo (OJ L 2023/2771), in so far as those acts concern him.

Operative part of the judgment

The Court:






1.


Annuls Decision (CFSP) 2022/2412 of 8 December 2022 amending Decision 2010/788/CFSP concerning restrictive measures in view of the situation in the Democratic Republic of the Congo, Council Implementing Regulation (EU) 2022/2401 of 8 December 2022 implementing Article 9 of Regulation (EC) No 1183/2005 concerning restrictive measures in view of the situation in the Democratic Republic of the Congo, Council Decision (CFSP) 2023/2768 of 8 December 2023 amending Decision 2010/788/CFSP concerning restrictive measures in view of the situation in the Democratic Republic of the Congo and Council Implementing Regulation (EU) 2023/2771 of 8 December 2023 implementing Article 9 of Regulation (EC) No 1183/2005 concerning restrictive measures in view of the situation in the Democratic Republic of Congo in so far as those acts concern Mr Évariste Boshab;










2.


Maintains the effects of Decisions 2022/2412 and 2023/2768 in respect of Mr Boshab until the date of expiry of the period for lodging an appeal referred to in the first paragraph of Article 56 of the Statute of the Court of Justice of the European Union or, if an appeal is lodged within that period, until the appeal is dismissed;










3.


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






(1)  
            OJ C 127, 11.4.2023.


ELI: http://data.europa.eu/eli/C/2024/5097/oj
ISSN 1977-091X (electronic edition)