Communication: judgment No. 0108 of 2021

IDENTIFIER
62021TA0108
LANGUAGE
English
COURT
General Court
AG OPINION
NO
REQUEST DATE
REFERENCES MADE
0
REFERENCED
1
DOCUMENT TYPE
Communication: judgment

Judgment



27.6.2022   

EN

Official Journal of the European Union

C 244/31


Judgment of the General Court of 27 April 2022 — Ilunga Luyoyo v Council

(Case T-108/21) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Restriction on admission to the territories of the Member States - Retention of the applicant’s name on the lists of persons covered - 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)

(2022/C 244/41)

Language of the case: French

Parties

Applicant: Ferdinand Ilunga Luyoyo (Kinshasa, 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: M.-C. Cadilhac and H. Marcos Fraile, acting as Agents)

Re:

By his action under Article 263 TFEU, the applicant seeks the annulment, first, of Council Decision (CFSP) 2020/2033 of 10 December 2020 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2020 L 419, p. 30) and, second, of Council Implementing Regulation (EU) 2020/2021 of 10 December 2020 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 2020 L 419, p. 5), in so far as those acts concern him.

Operative part of the judgment

The Court:

1.

Annuls Council Decision (CFSP) 2020/2033 of 10 December 2020 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo and Council Implementing Regulation (EU) 2020/2021 of 10 December 2020 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 in so far as those acts concern Mr Ferdinand Ilunga Luyoyo;

2.

Orders the Council of the European Union to pay the costs.


(1)  OJ C 128, 12.4.2021.



Citations

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