Kazembe Musonda v Council (Judgment) French Text [2021] EUECJ T-95/20 (15 September 2021)

Kazembe Musonda v Council (Judgment) French Text [2021] EUECJ T-95/20 (15 September 2021)

The Tribunal found that the Council had sufficiently stated reasons for maintaining the applicant on the sanctions list, communicated the relevant evidence and grounds in a timely manner, and allowed the applicant to make observations, thus respecting his rights of defence. The Council's assessment was not...

Source-derived case information.

Citation
[2021] EUECJ T-95/20
Parties
Applicant: Jean-Claude Kazembe Musonda; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Annulment Action (article 263 Tfeu) / Final Judgment
Outcome
application dismissed
Legal Topics
Restrictive Measures, Funds Freeze, Right to Be Heard, Obligation to State Reasons, Protection of Fundamental Rights, Proportionality, Presumption of Innocence, Judicial Protection
European Union Law International Sanctions Human Rights Restrictive Measures Funds Freeze Right to Be Heard Obligation to State Reasons Protection of Fundamental Rights +3 more

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Summary, issues, holding and outcome

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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

  1. 1 Whether the Council violated the applicant's rights of defence, including the right to be heard and the obligation to state reasons, in maintaining his name on the sanctions list.
  2. 2 Whether there was a manifest error of assessment in the Council's decision to maintain restrictive measures against the applicant.
  3. 3 Whether the Council violated the applicant's right to respect for private and family life, the presumption of innocence, and the principle of proportionality.

Ratio Decidendi

The Tribunal found that the Council had sufficiently stated reasons for maintaining the applicant on the sanctions list, communicated the relevant evidence and grounds in a timely manner, and allowed the applicant to make observations, thus respecting his rights of defence. The Council's assessment was not manifestly erroneous, as the applicant's continued political influence justified the ongoing restrictive measures. The measures were found to be proportionate and did not violate the applicant's fundamental rights. The challenge to the legality of the underlying legal provisions was also rejected.

Court Disposition

application dismissed

Orders

  • The action is dismissed in its entirety.
  • The applicant is ordered to pay the costs.