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Document 62017TJ0216

    Judgment of the General Court (Fifth Chamber) of 15 November 2018.
    Mohamed Marouen Ben Ali Ben Mohamed Mabrouk v Council of the European Union.
    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 — Maintenance of the applicant’s name on the list — Insufficient factual basis — Manifest error of assessment — Error of law — Principle of good administration — Reasonable time.
    Case T-216/17.

    Judgment of the General Court (Fifth Chamber) of 15 November 2018 –
    Mabrouk v Council

    (Case T‑216/17)

    (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 — Maintenance of the applicant’s name on the list — Insufficient factual basis — Manifest error of assessment — Error of law — Principle of good administration — Reasonable time)

    1. 

    Common foreign and security policy—Restrictive measures against certain persons and entities in view of the situation in Tunisia—Freezing of funds of persons involved in the misappropriation of public funds and of natural or legal persons, bodies or organisations associated with them—Person responsible for the misappropriation of public funds—Meaning—Broad interpretation

    (Council Decisions 2011/72/CFSP, Recital 2 and Art. 1(1), and 2011/172/CFSP, Art. 1(1))

    (see paras 27, 28, 30)

    2. 

    Common foreign and security policy—Restrictive measures against certain persons and entities in view of the situation in Tunisia—Freezing of funds of persons involved in the misappropriation of public funds and of natural or legal persons, bodies or organisations associated with them—Nature of those measures—Purely protective measures—No criminal character

    (Council Decision 2011/72/CFSP, Recitals 1 and 2 and Art. 1(1))

    (see paras 29, 57, 61-64)

    3. 

    European Union—Judicial review of the legality of the acts of the institutions—Restrictive measures against certain persons and entities in view of the situation in Tunisia—Freezing of funds of persons involved in the misappropriation of public funds and of natural or legal persons, bodies or organisations associated with them—Ambit of the review—Proof the measure well-founded—Obligation on the Council systematically to verify evidence submitted by the authorities of a non-Member country—None

    (Council Decision 2011/72/CFSP, Art. 1(1))

    (see paras 31, 32)

    4. 

    European Union—Judicial review of the legality of the acts of the institutions—Restrictive measures against certain persons and entities in view of the situation in Tunisia—Freezing of funds of persons involved in the misappropriation of public funds and of natural or legal persons, bodies or organisations associated with them—Ambit of the review—Proof the measure well-founded—Obligation, for the Council, to assess whether it is necessary to seek disclosure of further information or evidence from the national authorities—Scope

    (Charter of Fundamental Rights of the European Union, Art. 41; Council Decision 2011/72/CFSP)

    (see paras 33, 34, 42, 43, 127)

    5. 

    Common foreign and security policy—Restrictive measures against certain persons and entities in view of the situation in Tunisia—Freezing of funds of persons involved in the misappropriation of public funds and of natural or legal persons, bodies or organisations associated with them—Infringement of the right to work and the right to property—None

    (Charter of Fundamental Rights of the European Union, Arts 15(1) and (2), and 17; Council Decision (CFSP) 2017/153)

    (see paras 94-113, 117-121)

    Re:

    Application pursuant to Article 263 TFEU for annulment of Council Decision (CFSP) 2017/153 of 27 January 2017 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2017 L 23, p. 19), and Council Decision (CFSP) 2018/141 of 29 January 2018 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2018 L 25, p. 38), in so far as those decisions concern the applicant.

    Operative part

    The Court:

    1. 

    Dismisses the action;

    2. 

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

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