CELEX: 62011CA0417
Language: en
Date: 2012-11-15 00:00:00
Title: Case C-417/11 P: Judgment of the Court (Third Chamber) of 15 November 2012 — Council of the European Union v Nadiany Bamba, European Commission (Appeal — Common foreign and security policy — Specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire — Freezing of funds — Article 296 TFEU — Obligation to state the reasons on which a decision is based — Rights of the defence — Right to an effective legal remedy — Right to respect for property)

12.1.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 9/18
            
         Judgment of the Court (Third Chamber) of 15 November 2012 — Council of the European Union v Nadiany Bamba, European Commission
   (Case C-417/11 P) (1)
   
   (Appeal - Common foreign and security policy - Specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire - Freezing of funds - Article 296 TFEU - Obligation to state the reasons on which a decision is based - Rights of the defence - Right to an effective legal remedy - Right to respect for property)
   2013/C 9/28
   Language of the case: French
   
      Parties
   
   
      Appellant: Council of the European Union (represented by: M. Bishop and B. Driessen and by E. Dumitriu-Segnana, Agents)
   
      Other parties to the proceedings: Nadiany Bamba, (represented: initially by P. Haïk, and subsequently by P. Maisonneuve, lawyers), European Commission (represented by: E. Cujo and M. Konstantinidis, Agents)
   
      Intervener in support of the applicant: French Republic (represented by: G. de Bergues and É. Ranaivoson, Agents)
   
      Re:
   
   Appeal brought against the judgment of the General Court (Fifth Chamber) of 8 June 2011 in Case T-86/11 Bamba v Council in which the General Court annulled Council Decision 2011/18/CFSP of 14 January 2011 amending Council Decision 2010/656/CFSP renewing the restrictive measures against Côte d’Ivoire and Council Regulation (EU) No 25/2011 of 14 January 2011 amending Regulation (EC) No 560/2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire (OJ 2011 L 11, p. 1), in so far as those measures concern Ms Nadiany Bamba — Freezing of funds — Obligation to state reasons — Error of law
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Sets aside the judgment of the General Court of the European Union of 8 June 2011 in Case T-86/11 Bamba v Council;
            
         
               2.
            
            
               Dismisses Ms Bamba’s action;
            
         
               3.
            
            
               Orders Ms Bamba to pay, in addition to her own costs, those incurred by the Council of the European Union in connection with the present appeal and at first instance;
            
         
               4.
            
            
               Orders the French Republic and the European Commission to bear their own costs.
            
         
      (1)  OJ C 311, 22.10.2011.