CELEX: 62010TN0295
Language: en
Date: 2010-07-07 00:00:00
Title: Case T-295/10: Action brought on 7 July 2010 — Camara v Council

28.8.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 234/51
            
         Action brought on 7 July 2010 — Camara v Council
   (Case T-295/10)
   ()
   2010/C 234/91
   Language of the case: French
   
      Parties
   
   
      Applicant: Kerfalla Person Camara (represented by: J.-C. Tchikaya, lawyer)
   
      Defendant: Council of the European Union
   
      Form of order sought
   
   
               —
            
            
               Annul Council Regulation (EU) No 1284/2009 of 22 December 2009 imposing certain specific restrictive measures in respect of the Republic of Guinea, in so far as it concerns the applicant;
            
         
               —
            
            
               Order the Council to pay the costs.
            
         
      Pleas in law and main arguments
   
   The applicant seeks annulment of Council Regulation (EU) No 1284/2009 of 22 December 2009 imposing certain specific restrictive measures in respect of the Republic of Guinea (1) in so far as the applicant is included on the list of natural or legal persons, entities or bodies whose funds and economic resources are frozen under Article 6 of that regulation.
   In support of his action, the applicant raises three pleas in law alleging:
   
               —
            
            
               a manifest error of assessment in including the applicant on the list of natural or legal persons entities or bodies whose funds and economic resources are frozen;
            
         
               —
            
            
               an infringement of Article 215(3) TFEU since the contested regulation does not contain any legal guarantees, in particular procedural guarantees;
            
         
               —
            
            
               an infringement of the Charter of Fundamental Rights of the European Union in so far as the contested regulation infringes, (i) the principle of non-discrimination by maintaining the applicant's name on the list of persons sanctioned because of social background, (ii) his rights of defence in that it does not provide for any procedure to inform the applicant of the evidence against him, (iii) the right to an effective judicial remedy in that the Council did not inform the applicant of his rights of appeal, and (iv) the applicant's right to property.
            
         
      (1)  OJ 2009 L 346, p. 26.