CELEX: 62015TA0485
Language: en
Date: 2016-09-20 00:00:00
Title: Case T-485/15: Judgment of the General Court of 20 September 2016 — Alsharghawi v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in Libya — Freezing of funds — List of persons subject to restrictions on entry into and transit through EU territory — Functions of the former head of cabinet of Muammar Qadhafi — Choice of legal basis — Obligation to state reasons — Rights of the defence — Presumption of innocence — Proportionality — Freedom of movement — Right to property — Obligation to justify the merits of the measure)

31.10.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 402/42
            
         Judgment of the General Court of 20 September 2016 — Alsharghawi v Council
   (Case T-485/15) (1)
   
   ((Common foreign and security policy - Restrictive measures taken in view of the situation in Libya - Freezing of funds - List of persons subject to restrictions on entry into and transit through EU territory - Functions of the former head of cabinet of Muammar Qadhafi - Choice of legal basis - Obligation to state reasons - Rights of the defence - Presumption of innocence - Proportionality - Freedom of movement - Right to property - Obligation to justify the merits of the measure))
   (2016/C 402/48)
   Language of the case: French
   
      Parties
   
   
      Applicant: Bashir Saleh Bashir Alsharghawi (Johannesburg, South Africa) (represented by: É. Moutet, lawyer)
   
      Defendant: Council of the European Union (represented by: A. Vitro and V. Piessevaux, acting as Agents)
   
      Re:
   
   Application on the basis of Article 263 TFEU seeking the annulment in part, firstly, of Council Decision 2015/1333/CFSP of 31 July 2015 concerning restrictive measures in view of the situation in Libya, and repealing Decision 2011/137/CFSP (OJ 2015 L 206, p. 34) and, secondly, Council Implementing Regulation (EU) 2015/1323 of 31 July 2015 implementing Article 16(2) of Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya (OJ 2015 L 206, p. 4).
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Bashir Saleh Bashir Alsharghawi to bear his own costs and to pay the costs incurred by the Council of the European Union.
            
         
      (1)  OJ C 337, 12.10.2015.