CELEX: 62022TN0090
Language: en
Date: 2022-02-18 00:00:00
Title: Case T-90/22: Action brought on 18 February 2022 — Kande Mupompa v Council

4.4.2022   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 148/41
            
         
      Action brought on 18 February 2022 — Kande Mupompa v Council
      (Case T-90/22)
      (2022/C 148/54)
      Language of the case: French
      
         Parties
      
      
         Applicant: Alex Kande Mupompa (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, A. Guillerme and T. Payan, lawyers)
      
         Defendant: Council
      
         Form of order sought
      
      The applicant claims that the Court should
      
                  —
               
               
                  annul Council decision (CFSP) 2021/2181 of 9 December 2021 (1) in so far as the applicant remains at No 7 in the annex to that decision;
               
            
                  —
               
               
                  annul Council Implementing Regulation (EU) 2021/2177 of 9 December 2021 (2) in so far as the applicant remains at No 7 in Annex I to that regulation;
               
            
                  —
               
               
                  order the Council to pay the costs.
               
            
         Pleas in law and main arguments
      
      In support of the action, the applicant relies on two pleas in law.
      
                  1.
               
               
                  First plea in law, alleging infringement of the right of defence. In that respect, the applicant raises a number of complaints regarding the infringement of his rights in the course of the procedures which led the Council to adopt and renew the restrictive measures against him and, in particular the infringement of his right to be heard under acceptable conditions.
               
            
                  2.
               
               
                  Second plea in law, alleging that the Council committed a manifest error of assessment regarding the applicant’s involvement in acts constituting serious human rights breaches in the Democratic Republic of the Congo. The applicant criticises the context of the review, which preceded the contested renewal of the restrictive measures and disputes any current involvement in the events underpinning the decision to include him in the list of persons covered by Decision 2010/788/CFSP.
               
            
         (1)  Council Decision (CFSP) 2021/2181 of 9 December 2021, amending decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2021 L 443, p. 75).
      
         (2)  Council Implementing Regulation (EU) 2021/2181 of 9 December 2021 implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of Congo (OJ 2021 L 443, p. 3).