CELEX: 62014TA0200
Language: en
Date: 2016-04-14 00:00:00
Title: Case T-200/14: Judgment of the General Court of 14 April 2016 — Ben Ali v Council (Common Foreign and Security Policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Freezing of funds — Legal basis — Inclusion of the name of the applicant on the basis of new grounds following the annulment of the earlier freezing of funds measures — Obligation to state reasons — Right to property — Proportionality — Error of fact — Rights of the defence — Right to effective judicial protection — Misuse of powers — Right to life — Right to a family life — Non-contractual liability)

30.5.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 191/23
            
         Judgment of the General Court of 14 April 2016 — Ben Ali v Council
   (Case T-200/14) (1)
   
   ((Common Foreign and Security Policy - Restrictive measures directed against certain persons and entities in view of the situation in Tunisia - Freezing of funds - Legal basis - Inclusion of the name of the applicant on the basis of new grounds following the annulment of the earlier freezing of funds measures - Obligation to state reasons - Right to property - Proportionality - Error of fact - Rights of the defence - Right to effective judicial protection - Misuse of powers - Right to life - Right to a family life - Non-contractual liability))
   (2016/C 191/29)
   Language of the case: French
   
      Parties
   
   
      Applicant: Mehdi Ben Tijani Ben Haj Hamda Ben Haj Hassen Ben Ali (Saint-Étienne-du-Rouvray, France) (represented by: A. de Saint Remy, lawyer)
   
      Defendant: Council of the European Union (represented by: G. Étienne and A. de Elera-San Miguel Hurtado, acting as Agents)
   
      Re:
   
   Application for annulment of Council Decision 2014/49/CFSP of 30 January 2014, amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2011 L 28, p. 38), and of Council Implementing Regulation (EU) No 81/2014 of 30 January 2014 implementing Regulation (EU) No 101/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia (OJ 2014 L 28, p. 2), in so far as those measures concern the applicant, and, secondly, an application for damages.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Mr Mehdi Ben Tijani Ben Haj Hamda Ben Haj Hassen Ben Ali to bear his own costs as well as those incurred by the Council of the European Union.
            
         
      (1)  OJ C 202, 30.6.2014.