CELEX: 62017TA0582
Language: en
Date: 2019-03-26 00:00:00
Title: Case T-582/17: Judgment of the General Court of 26 March 2019 — Boshab and Others v Council (Common Foreign and Security Policy — Restrictive measures directed against certain persons and entities in view of the situation in the Democratic Republic of the Congo — List of persons and entities subject to the freezing of funds and economic resources and to the prohibition of entry and transit — Inclusion of the names of the applicants on the list — Rights of defence — Right to be heard — Obligation to state reasons — Manifest error of assessment — Right to effective judicial protection)

13.5.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 164/43
            
         
      Judgment of the General Court of 26 March 2019 — Boshab and Others v Council
      (Case T-582/17) (1)
      
      (Common Foreign and Security Policy - Restrictive measures directed against certain persons and entities in view of the situation in the Democratic Republic of the Congo - List of persons and entities subject to the freezing of funds and economic resources and to the prohibition of entry and transit - Inclusion of the names of the applicants on the list - Rights of defence - Right to be heard - Obligation to state reasons - Manifest error of assessment - Right to effective judicial protection)
      (2019/C 164/45)
      Language of the case: French
      
         Parties
      
      
         Applicants: Évariste Boshab (Kinshasa, Democratic Republic of the Congo) and the seven other applicants whose names are listed in the annex to the judgment (represented: initially by P. Chansay Wilmotte, A. Kalambay Ndaya and P. Okito Omole, and subsequently by T. Bontinck, M. Forgeois, P. De Wolf and A. Guillerme, lawyers)
      
         Defendant: Council of the European Union (represented: initially by M. Veiga and B. Driessen, and subsequently by B. Driessen and J.-P. Hix, acting as Agents)
      
         Re:
      
      Application on the basis of Article 263 TFEU seeking the annulment of Council Implementing Regulation (EU) 2017/904 of 29 May 2017 implementing Article 9(2) 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 2017 L 138 I, p. 1), and of Council Implementing Decision (CFSP) 2017/905 of 29 May 2017 implementing Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2017 L 138 I, p. 6), in so far as those acts concern the applicants.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  
                     Dismisses the action;
                  
               
            
                  2.
               
               
                  
                     Orders Mr Évariste Boshab and the other applicants whose names are listed in the annex to pay the costs.
                  
               
            
         (1)  OJ C 374, 6.11.2017.