CELEX: 62011TJ0316
Language: en
Date: 2011-09-16
Title: Judgment of the General Court (Fifth Chamber) of 16 September 2011. # Mathieu Kadio Morokro v Council of the European Union. # Common foreign and security policy - Restrictive measures taken in view of the situation in Côte d’Ivoire - Freezing of funds - Duty to state reasons. # Case T-316/11.

Judgment of the General Court (Fifth Chamber) of 16 September 2011 – Kadio Morokro v Council
      (Case T-316/11)
      Common foreign and security policy – Restrictive measures taken in view of the situation in Côte d’Ivoire – Freezing of funds – Duty to state reasons
      1.                     Acts of the institutions – Statement of reasons – Obligation – Scope – Regulation imposing certain specific restrictive measures
            directed against certain persons and entities in view of the situation in Côte d'Ivoire and decision renewing those measures
            – Minimum requirements (Art. 296 TFEU; Council Regulation No 560/2005, as amended by Regulation No 330/2011, Annex IA; Council
            Decision 2010/656, as amended by Decision 2011/221, Annex II) (see paras 20-26, 29-30, 32)
      2.                     Acts of the institutions – Statement of reasons – Obligation – Scope – Regulation imposing partial annulment of a regulation
            imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte
            d'Ivoire and decision renewing those measures – Regulation of insufficient reasoning during the contentious procedure – Conditions
            – Exceptional circumstances (Art. 296 TFEU; Council Regulation No 560/2005, as amended by Regulation No 330/2011, Annex IA;
            Council Decision 2010/656, as amended by Decision 2011/221, Annex II) (see paras 34-35)
      3.                     Actions for annulment – Judgment annulling a measure – Effects – Partial annulment of a regulation imposing certain specific
            restrictive measures directed against certain persons and entities in view of the situation in Côte d'Ivoire and decision
            renewing those measures – Decision to annul the regulation taking effect as from the expiry of the time-limit for appeal or
            dismissal of the latter – Application of that time-limit to the taking of effect of the annulment of the decision (Arts 264,
            second para., TFEU and 280 TFEU; Statute of the Court of Justice, Arts 56, first para., and 60, second para., Council Regulation
            No 560/2005, as amended by Regulation No 330/2011; Council Decision 2010/656, as amended by Decision 2011/221) (see paras
            38-39)
      Re:
      
         
               APPLICATION for annulment, first, of Council Decision 2011/221/CFSP of 6 April 2011 amending Decision 2010/656/CFSP renewing
                  the restrictive measures against Côte d’Ivoire (OJ 2011 L 93, p. 20), and, second, Council Regulation (EU) No 330/2011 of
                  6 April 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 93, p. 10), in so far as they concern the applicant.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Annuls Council Decision 2011/221/CFSP of 6 April 2011 amending Decision 2010/656/CFSP renewing the restrictive measures against
                     Côte d’Ivoire, and, second, Council Regulation (EU) No 330/2011 of 6 April 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,
                     in so far as they concern Mr Mathieu Kadio Morokro;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Maintains the effects of Decision 2011/221 as far as concerns Mr Kadio Morokro until the annulment of Regulation No 330/2011
                     takes effect;
                  
               
            
         
                  3.
               
               
                  
               
               
                  	Orders the Council of the European Union to pay, in addition to its own costs, the costs incurred by Mr Kadio Morokro.