Kazembe Musonda v Council (External relations - Judgment) French Text [2020] EUECJ T-177/18 (12 February 2020)

Kazembe Musonda v Council (External relations - Judgment) French Text [2020] EUECJ T-177/18 (12 February 2020)

The Court held that although the Council failed to communicate certain new elements considered in the renewal of restrictive measures to the applicant before adopting the contested decision, this procedural irregularity did not justify annulment because the applicant did not demonstrate that the outcome could have...

Source-derived case information.

Citation
[2020] EUECJ T-177/18
Parties
Applicant: Jean-Claude Kazembe Musonda; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Annulment Action (article 263 Tfeu) / Final Judgment at General Court (tribunal), Post Hearing
Outcome
application dismissed
Legal Topics
Restrictive Measures, Foreign Policy, Due Process, Right to Be Heard, Proportionality, Judicial Review
European Union Law International Law Human Rights Restrictive Measures Foreign Policy Due Process Right to Be Heard Proportionality +1 more

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Parties

Jean-Claude Kazembe Musonda

Applicant

Council of the European Union

Respondent

Procedural Posture

Annulment Action (article 263 Tfeu) / Final Judgment at General Court (tribunal), Post Hearing

  1. 1 Whether the Council violated the obligation to state reasons and the right to be heard in renewing restrictive measures against the applicant
  2. 2 Whether the Council committed an error of law or manifest error of assessment in maintaining the applicant on the sanctions list
  3. 3 Whether the restrictive measures violated the applicant's rights to private and family life, property, and proportionality

Ratio Decidendi

The Court held that although the Council failed to communicate certain new elements considered in the renewal of restrictive measures to the applicant before adopting the contested decision, this procedural irregularity did not justify annulment because the applicant did not demonstrate that the outcome could have been different had he been heard. The Court found the reasoning for the measures sufficient, the evidence adequate to link the applicant to the alleged conduct, and the measures proportionate and lawful. All grounds for annulment were rejected.

Court Disposition

application dismissed

Orders

  • The application for annulment is dismissed.
  • The applicant is ordered to bear his own costs and those of the Council.