This document is an excerpt from the EUR-Lex website
Document 62019TA0121
Case T-121/19: Judgment of the General Court of 3 February 2021 — Ruhorimbere v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Retention of the applicant’s name on the lists of persons covered — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Presumption of innocence — Proportionality — Plea of illegality)
Case T-121/19: Judgment of the General Court of 3 February 2021 — Ruhorimbere v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Retention of the applicant’s name on the lists of persons covered — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Presumption of innocence — Proportionality — Plea of illegality)
Case T-121/19: Judgment of the General Court of 3 February 2021 — Ruhorimbere v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Retention of the applicant’s name on the lists of persons covered — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Presumption of innocence — Proportionality — Plea of illegality)
OJ C 98, 22.3.2021, p. 24–25
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
- Date of document:
- 03/02/2021
- Date lodged:
- 20/02/2019
- Author:
- General Court
- Form:
- Judicial information
- Authentic language:
- French
- Type of procedure:
- Action for annulment - unfounded
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- Case affecting:
-
- Related EU case-law document 62019TJ0121
- Instruments cited in case law:
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|
22.3.2021 |
EN |
Official Journal of the European Union |
C 98/24 |
Judgment of the General Court of 3 February 2021 — Ruhorimbere v Council
(Case T-121/19) (1)
(Common foreign and security policy - Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Retention of the applicant’s name on the lists of persons covered - Obligation to state reasons - Right to be heard - Proof that inclusion and retention on the lists is well founded - Manifest error of assessment - Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures - Right to private and family life - Presumption of innocence - Proportionality - Plea of illegality)
(2021/C 98/26)
Language of the case: French
Parties
Applicant: Éric Ruhorimbere (Mbuji-Mayi, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, A. Guillerme and T. Payan, lawyers)
Defendant: Council of the European Union (represented by: J.-P. Hix, H. Marcos Fraile, S. Van Overmeire and M.-C. Cadilhac, acting as Agents)
Re:
Application under Article 263 TFEU seeking annulment, first, of Council Decision (CFSP) 2018/1940 of 10 December 2018 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2018 L 134, p. 47) and, second, Council Implementing Regulation (EU) 2018/1931 of 10 December 2018 implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ 2018 L 314, p. 1), in so far as those acts concern the applicant.
Operative part of the judgment
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Mr Éric Ruhorimbere to pay the costs. |
