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Document 62015CJ0330

Judgment of the Court (First Chamber) of 28 July 2016.
Johannes Tomana and Others v Council of the European Union and European Commission.
Appeal — Restrictive measures imposed on certain persons and entities forming part of the Government of Zimbabwe or linked to it — List of persons, groups and entities covered by the freezing of funds and economic resources — Inclusion of the appellants’ names.
Case C-330/15 P.

Court reports – general – 'Information on unpublished decisions' section

Judgment of the Court (First Chamber) of 28 July 2016 —

Tomana and Others v Council and Commission

(Case C‑330/15 P) ( *1 )

‛Appeal — Restrictive measures imposed on certain persons and entities forming part of the Government of Zimbabwe or linked to it — List of persons, groups and entities covered by the freezing of funds and economic resources — Inclusion of the appellants’ names’

1. 

Appeal — Grounds — Plea submitted for the first time in the context of the appeal — Inadmissibility — Arguments consisting of a mere amplification of a plea relied on in the application — Admissibility (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 33)

2. 

Appeal — Grounds — Specific criticism of a point of the General Court’s reasoning necessary (Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Arts 168(1)(d) and 169(2)) (see para. 34)

3. 

Acts of the institutions — Choice of legal basis — Criteria (see para. 37)

4. 

EU law — Principles — Rights of defence — Right to effective judicial protection — Restrictive measures against Zimbabwe — Freezing the funds of persons and entities forming part of the Government of Zimbabwe or linked to it — Obligation to disclose individual and specific grounds for the decisions adopted — Scope — Obligation to disclose incriminating evidence — Scope (Commission Regulation No 151/2012; Council Decisions 2012/97/ CFSP and 2012/124/ CFSP) (see paras 56, 61, 65-67)

5. 

Common foreign and security policy — Restrictive measures against Zimbabwe — Freezing of funds and economic resources — Action for annulment brought by a person forming part of the Government of Zimbabwe or linked to it and who is concerned by a decision to freeze funds — Burden of proof — Decision based on a set of indicia — Lawfulness — Conditions (Commission Regulation No 151/2012; Council Decisions 2012/97/CFSP and 2012/124/CFSP) (see paras 81, 82)

6. 

Appeal — Grounds — Incorrect assessment of the facts and evidence — Review by the Court of the findings of fact — Possible only where the clear sense of the evidence has been distorted (Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 88)

7. 

Judicial proceedings — Statement of reasons for judgments — Scope (Statute of the Court of Justice, Arts 36 and 53, first para.; Rules of Procedure of the General Court, Art. 81) (see para. 97)

Operative part

The Court:

1.

Dismisses the appeal;

2.

Orders Mr Johannes Tomana and the 120 other appellants whose names are listed in the annex to the present judgment to bear their own costs and to pay those incurred by the Council of the European Union and the European Commission;

3.

Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.


( *1 ) OJ C 302, 14.9.2015.

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