Kanyama v Council (Judgment) French Text [2022] EUECJ T-105/21 (27 April 2022)

Kanyama v Council (Judgment) French Text [2022] EUECJ T-105/21 (27 April 2022)

The Tribunal found that the Council complied with its procedural obligations, including the right to be heard, by providing the applicant with relevant information and an adequate opportunity to respond before the contested acts were adopted. The Tribunal also held that the Council did not commit a manifest error of...

Source-derived case information.

Citation
[2022] EUECJ T-105/21
Parties
Applicant: Célestin Kanyama; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Annulment Action (recours En Annulation) / Final Judgment
Outcome
application dismissed
Legal Topics
Restrictive Measures, Asset Freeze, Right to Be Heard, Manifest Error of Assessment, Democratic Republic of Congo, Foreign Policy, Judicial Review
European Union Law International Sanctions Human Rights Restrictive Measures Asset Freeze Right to Be Heard Manifest Error of Assessment Democratic Republic of Congo +2 more

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Parties

Célestin Kanyama

Applicant

Council of the European Union

Respondent

Procedural Posture

Annulment Action (recours En Annulation) / Final Judgment

  1. 1 Whether the Council violated the applicant's right to be heard before renewing restrictive measures.
  2. 2 Whether the Council committed manifest errors of assessment in maintaining the applicant on the sanctions list.

Ratio Decidendi

The Tribunal found that the Council complied with its procedural obligations, including the right to be heard, by providing the applicant with relevant information and an adequate opportunity to respond before the contested acts were adopted. The Tribunal also held that the Council did not commit a manifest error of assessment in maintaining the applicant on the sanctions list, as credible evidence indicated ongoing serious human rights violations in the DRC and the applicant's continued responsibility as a senior police official. The restrictive measures were therefore justified and proportionate.

Court Disposition

application dismissed