CELEX: 62020TA0102
Language: en
Date: 2021-09-15 00:00:00
Title: Case T-102/20: Judgment of the General Court of 15 September 2021 –Kampete v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territory of the Member States — Retention of the applicant’s name on the lists of persons subject to restrictive measures — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Presumption of innocence — Proportionality — Plea of illegality)

8.11.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 452/27
            
         
      Judgment of the General Court of 15 September 2021 –Kampete v Council
      (Case T-102/20) (1)
      
      (Common foreign and security policy - Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Restriction on admission to the territory of the Member States - Retention of the applicant’s name on the lists of persons subject to restrictive measures - Obligation to state reasons - Right to be heard - Proof that inclusion and retention on the lists is well founded - Manifest error of assessment - Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures - Right to private and family life - Presumption of innocence - Proportionality - Plea of illegality)
      (2021/C 452/29)
      Language of the case: French
      
         Parties
      
      
         Applicant: Ilunga Kampete (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, A. Guillerme and T. Payan, lawyers)
      
         Defendant: Council of the European Union (represented by: H. Marcos Fraile and M.-C. Cadilhac, acting as Agents)
      
         Re:
      
      Application under Article 263 TFEU seeking annulment, first, of Council Decision (CFSP) 2019/2109 of 9 December 2019 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2019 L 318, p. 134), and, second, Council Implementing Decision (EU) 2019/2101 of 9 December 2019 implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ 2019 L 318, p. 1) in so far as those acts concern the applicant.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Dismisses the action;
               
            
                  2.
               
               
                  Orders Mr Ilunga Kampete to pay the costs.
               
            
         (1)  OJ C 129, 20.4.2020.