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30.3.2020 |
EN |
Official Journal of the European Union |
C 103/20 |
Judgment of the General Court of 12 February 2020 — Kanyama v Council
(Case T-167/18) (1)
(Common foreign and security policy - Restrictive measures taken in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Renewal of the applicant’s name on the list of persons concerned - Obligation to state reasons - Rights of the defence - Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures - Error of law - Manifest error of assessment - Right to property - Right to respect for private and family life - Proportionality - Presumption of innocence - Plea of illegality)
(2020/C 103/28)
Language of the case: French
Parties
Applicant: Célestin Kanyama (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, M. Forgeois and A. Guillerme, lawyers)
Defendant: Council of the European Union (represented by: J.-P. Hix, H. Marcos Fraile and S. Van Overmeire, acting as Agents)
Re:
Application based on Article 263 TFEU seeking annulment of Council Decision (CFSP) 2017/2282 of 11 December 2017 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2017 L 328, p. 19), in so far as it concerns the applicant.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Mr Célestin Kanyama to pay the costs. |