Restrictive measures directed against persons and entities in view of the situation in Côte d’Ivoire

Judgment

T-406/13

14.01.2015

Parties

Jurisdiction

Formation

Judge Rapporteur

Advocate General

Subject-matter

Action for annulment

Gossio

v

Council

General Court

3rd Ch.

S. Papasavvas

/

Restrictive measures

Keywords

 Common foreign and security policy-Restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire-Freezing of funds-Misuse of powers-manifest error of assessment-Fundamental rights

Significant points

The Council must take into consideration the fact that the circumstances according to which it took restrictive measures has changed when adopting a decision (in casu, the Decision 2014/271 and the Regulation n°479/2014) to maintain the name of a person on the list of persons subject to restrictive measures in the Annex II of the Decision 2010/656 and in the Annex I A of the Council Regulation n° 560/2005.The Council, in these new circumstances, must bring forward new element such as to justify the maintenance of the restrictive measures against the person concerned.

In casu, the arguments developed by the Council (seriousness of the allegations, the fact that the Côte d’Ivoire is still a fragile society and a Country with which we must act with prudence) are not sufficient.

Therefore, the General Court annulled the Decision 2014/271 and the Regulation n°479/2014 in so far as they pertain to the applicant.

Noteworthy