Document ID: docfile:82ba6528-c14b-4fe9-9c2c-ba2f525f3e76
Source Database: eurlex_case_law
Source URL: https://eur-lex.europa.eu/legal-content/AUTO/?uri=CELEX:62015TA0175&qid=1741627322914&rid=63103
Title: Case T-175/15: Judgment of the General Court of 5 October 2017 — Mabrouk v Council (Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Measures taken against persons responsible for misappropriation of State funds and associated persons and entities — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds — Continued listing of the applicant’s name — Inadequate factual basis — Manifest error of assessment — Error of law — Right to property — Principle of good administration — Obligation to adjudicate within a reasonable time — Presumption of innocence — Request for modification — Confirmatory measure — Inadmissibility)
Date: 2017-10-05T02:00:00.000+02:00
Metadata: {"title": "Case T-175/15: Judgment of the General Court of 5 October 2017 \u2014 Mabrouk v Council (Common foreign and security policy \u2014 Restrictive measures directed against certain persons and entities in view of the situation in Tunisia \u2014 Measures taken against persons responsible for misappropriation of State funds and associated persons and entities \u2014 Freezing of funds \u2014 List of persons, entities and bodies subject to the freezing of funds \u2014 Continued listing of the applicant\u2019s name \u2014 Inadequate factual basis \u2014 Manifest error of assessment \u2014 Error of law \u2014 Right to property \u2014 Principle of good administration \u2014 Obligation to adjudicate within a reasonable time \u2014 Presumption of innocence \u2014 Request for modification \u2014 Confirmatory measure \u2014 Inadmissibility)", "celex": "62015TA0175", "date_of_document": "2017-10-05T00:00:00.000Z", "ecli": "ECLI:EU:UNKNOWN:62015TA0175", "author": "General Court", "form": "Judicial information"}

#### 20.11.2017   

EN

#### Official Journal of the European Union

#### C 392/20

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# Judgment of the General Court of 5 October 2017 — Mabrouk v Council

(Case T-175/15)(Common foreign and security policy - Restrictive measures directed against certain persons and entities in view of the situation in Tunisia - Measures taken against persons responsible for misappropriation of State funds and associated persons and entities - Freezing of funds - List of persons, entities and bodies subject to the freezing of funds - Continued listing of the applicant’s name - Inadequate factual basis - Manifest error of assessment - Error of law - Right to property - Principle of good administration - Obligation to adjudicate within a reasonable time - Presumption of innocence - Request for modification - Confirmatory measure - Inadmissibility)

(2017/C 392/24)

Language of the case: English

## **Parties**

*Applicant: Mohamed Marouen Ben Ali Ben Mohamed Mabrouk (Tunis, Tunisia) (represented by: J.-R. Farthouat, J.-P. Mignard, N. Boulay, lawyers, and S. Crosby, Solicitor)*

Defendant: Council of the European Union (represented: initially by Á. de Elera-San Miguel Hurtado and G. Étienne, and subsequently by Á. de Elera San Miguel Hurtado, acting as Agents)

## **Re:**

Application pursuant to Article 263 TFEU for annulment of Council Decision (CFSP) 2015/157 of 30 January 2015 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2015 L 26, p. 29), in so far as it concerns the applicant, the Council’s Decision of 16 November 2015 rejecting the applicant’s request of 29 May 2015 to remove his name from the list in 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 (OJ 2011 L 28, p. 62) and Council Decision (CFSP) 2016/119 of 28 January 2016 amending Decision 2011/72 (OJ 2016 L 23, p. 65), in so far as it concerns the applicant.

## **Operative part of the judgment**

The Court:

    Dismisses the action;

    Orders Mr Mohamed Marouen Ben Ali Ben Mohamed Mabrouk to bear his own costs and to pay the costs incurred by the Council of the European Union.

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[^]: (1) Language of the case: English.

[^]: ECLI:EU:C:2017:140

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