CELEX: 62019TN0327
Language: en
Date: 2019-05-30 00:00:00
Title: Case T-327/19: Action brought on 30 May 2019 — Mubarak v Council

29.7.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 255/46
            
         
      Action brought on 30 May 2019 — Mubarak v Council
      (Case T-327/19)
      (2019/C 255/59)
      Language of the case: English
      
         Parties
      
      
         Applicant: Mohamed Hosni Elsayed Mubarak (Cairo, Egypt) (represented by: B. Kennelly QC, J. Pobjoy, Barrister, G. Martin, C. Enderby Smith and F. Holmey, Solicitors)
      
         Defendant: Council of the European Union
      
         Form of order sought
      
      The applicant claims that the Court should:
      
                  —
               
               
                  annul Council Decision (CFSP) 2019/468 of 21 March 2019 (1) and Council Implementing Regulation (EU) 2019/459 of 21 March 2019 (2), insofar as they apply to the applicant; and
               
            
                  —
               
               
                  order the defendant 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 that the defendant had failed to verify that the Egyptian authorities would have respected the applicant’s fundamental European Union rights, including Articles 47 and 48 of the Charter of Fundamental Rights of the European Union, in the context of the proceedings and investigations relied upon by the defendant.
               
            
                  2.
               
               
                  Second plea in law, alleging that the defendant made errors of assessment in considering that the criterion for listing the applicant in Article 1 of Council Decision 2011/172/CFSP (3) and Article 2 of Council Regulation (EU) No 270/2011 of 21 March 2011 (4) would have been satisfied.
               
            
         (1)  Council Decision (CFSP) 2019/468 of 21 March 2019 amending Decision 2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt (OJ L 80, 22.3.2019, p. 40).
      
         (2)  Council Implementing Regulation (EU) 2019/459 of 21 March 2019 implementing Regulation (EU) No 270/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt (OJ L 80, 22.3.2019, p. 1).
      
         (3)  Council Decision 2011/172/CFSP of 21 March 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt (OJ L 76, 22.3.2011, p. 63).
      
         (4)  Council Regulation (EU) No 270/2011 of 21 March 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt (OJ L 76, 22.3.2011, p. 4).