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Document 62011TJ0316

Judgment of the General Court (Fifth Chamber) of 16 September 2011.
Mathieu Kadio Morokro v Council of the European Union.
Common foreign and security policy - Restrictive measures taken in view of the situation in Côte d’Ivoire - Freezing of funds - Duty to state reasons.
Case T-316/11.

European Court Reports 2011 II-00293*

ECLI identifier: ECLI:EU:T:2011:484





Judgment of the General Court (Fifth Chamber) of 16 September 2011 – Kadio Morokro v Council

(Case T-316/11)

Common foreign and security policy – Restrictive measures taken in view of the situation in Côte d’Ivoire – Freezing of funds – Duty to state reasons

1.                     Acts of the institutions – Statement of reasons – Obligation – Scope – Regulation imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d'Ivoire and decision renewing those measures – Minimum requirements (Art. 296 TFEU; Council Regulation No 560/2005, as amended by Regulation No 330/2011, Annex IA; Council Decision 2010/656, as amended by Decision 2011/221, Annex II) (see paras 20-26, 29-30, 32)

2.                     Acts of the institutions – Statement of reasons – Obligation – Scope – Regulation imposing partial annulment of a regulation imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d'Ivoire and decision renewing those measures – Regulation of insufficient reasoning during the contentious procedure – Conditions – Exceptional circumstances (Art. 296 TFEU; Council Regulation No 560/2005, as amended by Regulation No 330/2011, Annex IA; Council Decision 2010/656, as amended by Decision 2011/221, Annex II) (see paras 34-35)

3.                     Actions for annulment – Judgment annulling a measure – Effects – Partial annulment of a regulation imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d'Ivoire and decision renewing those measures – Decision to annul the regulation taking effect as from the expiry of the time-limit for appeal or dismissal of the latter – Application of that time-limit to the taking of effect of the annulment of the decision (Arts 264, second para., TFEU and 280 TFEU; Statute of the Court of Justice, Arts 56, first para., and 60, second para., Council Regulation No 560/2005, as amended by Regulation No 330/2011; Council Decision 2010/656, as amended by Decision 2011/221) (see paras 38-39)

Re:

APPLICATION for annulment, first, of Council Decision 2011/221/CFSP of 6 April 2011 amending Decision 2010/656/CFSP renewing the restrictive measures against Côte d’Ivoire (OJ 2011 L 93, p. 20), and, second, Council Regulation (EU) No 330/2011 of 6 April 2011 amending Regulation (EC) No 560/2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d'Ivoire (OJ 2011 L 93, p. 10), in so far as they concern the applicant.

Operative part

The Court:

1.

Annuls Council Decision 2011/221/CFSP of 6 April 2011 amending Decision 2010/656/CFSP renewing the restrictive measures against Côte d’Ivoire, and, second, Council Regulation (EU) No 330/2011 of 6 April 2011 amending Regulation (EC) No 560/2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire, in so far as they concern Mr Mathieu Kadio Morokro;

2.

Maintains the effects of Decision 2011/221 as far as concerns Mr Kadio Morokro until the annulment of Regulation No 330/2011 takes effect;

3.

Orders the Council of the European Union to pay, in addition to its own costs, the costs incurred by Mr Kadio Morokro.

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