Kande Mupompa v Council (Judgment) French Text [2022] EUECJ T-104/21 (27 April 2022)

Kande Mupompa v Council (Judgment) French Text [2022] EUECJ T-104/21 (27 April 2022)

The Tribunal found that the Council had complied with its procedural obligations, including the right to be heard, by providing the applicant with the relevant evidence and an opportunity to comment before the adoption of the contested acts. The Council's assessment of the situation in the DRC and the applicant's...

Source-derived case information.

Citation
[2022] EUECJ T-104/21
Parties
Applicant: Alex Kande Mupompa; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Annulment Proceedings (recours En Annulation) / Final Judgment
Outcome
application dismissed
Legal Topics
Restrictive Measures, Sanctions, Foreign Policy, Right to Be Heard, Judicial Review, Democratic Republic of Congo
European Union Law International Law Human Rights Law Restrictive Measures Sanctions Foreign Policy Right to Be Heard Judicial Review +1 more

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Parties

Alex Kande Mupompa

Applicant

Council of the European Union

Respondent

Procedural Posture

Annulment Proceedings (recours En Annulation) / Final Judgment

  1. 1 Whether the applicant's right to be heard was violated in the renewal of restrictive measures.
  2. 2 Whether the Council committed manifest errors of assessment in maintaining restrictive measures against the applicant.

Ratio Decidendi

The Tribunal found that the Council had complied with its procedural obligations, including the right to be heard, by providing the applicant with the relevant evidence and an opportunity to comment before the adoption of the contested acts. The Council's assessment of the situation in the DRC and the applicant's continued inclusion on the sanctions list was not vitiated by manifest error, as ongoing grave human rights violations justified the renewal of restrictive measures. The applicant failed to demonstrate any procedural breach or manifest error in the Council's decision-making process.

Court Disposition

application dismissed

Orders

  • The application for annulment is dismissed.
  • Applicant to bear costs.