CELEX: 62011TA0188
Language: en
Date: 2013-05-28 00:00:00
Title: Case T-188/11: Judgment of the General Court of 28 May 2013 — Chiboub v Council (Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Freezing of funds — No legal basis)

3.8.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 225/68
            
         Judgment of the General Court of 28 May 2013 — Chiboub v Council
   (Case T-188/11) (1)
   
   (Common foreign and security policy - Restrictive measures directed against certain persons and entities in view of the situation in Tunisia - Freezing of funds - No legal basis)
   2013/C 225/151
   Language of the case: French
   
      Parties
   
   
      Applicant: Mohamed Slim Ben Mohamed Hassen Ben Salah Chiboub (Abu Dhabi, United Arab Emirates) (represented by: initially, G. Perrot and F. Gaudillière, and subsequently by M.-M. Le Roux, lawyers)
   
      Defendant: Council of the European Union (represented by: initially, A. Vitro, G. Étienne and S. Cook, and subsequently by A. Vitro and G. Étienne, acting as Agents)
   
      Interveners in support of the defendant: European Commission (represented by: A. Bordes and M. Konstantinidis, acting as Agents); and Republic of Tunisia (represented by: W. Bourdon, lawyer)
   
      Re:
   
   Application for annulment, first, of Council Decision 2011/72/CFSP of 31 January 2011 concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2011 L 28, p. 62); secondly, of Council Implementing Decision 2011/79/CFSP of 4 February 2011 implementing Decision 2011/72 (OJ 2011 L 31, p. 40); and, thirdly, of Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia (OJ 2011 L 31, p. 1), in so far as those measures apply to the applicant.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Annuls the Annex to Council Decision 2011/72/CFSP of 31 January 2011 concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia, as amended by Council Implementing Decision 2011/79/CFSP of 4 February 2011 implementing Decision 2011/72, in so far as it applies to Mr Mohamed Slim Ben Mohamed Hassen Ben Salah Chiboub;
            
         
               2.
            
            
               Annuls Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia in so far as it applies to Mr Chiboub;
            
         
               3.
            
            
               Declares that the effects of the Annex to Decision 2011/72, as amended by Implementing Decision 2011/79, with respect to Mr Chiboub shall be maintained until the annulment of Regulation No 101/2011 takes effect in so far as it applies to Mr Chiboub;
            
         
               4.
            
            
               Orders the Council of the European Union to bear its own costs and to pay those incurred by Mr Chiboub;
            
         
               5.
            
            
               Orders the European Commission and the Republic of Tunisia to bear their own costs.
            
         
      (1)  OJ C 145, 14.5.2011.