Kazembe Musonda v Council (Judgment) French Text [2022] EUECJ T-106/21 (27 April 2022)

Kazembe Musonda v Council (Judgment) French Text [2022] EUECJ T-106/21 (27 April 2022)

The Tribunal held that the Council had complied with its obligations to respect the applicant's right to be heard, providing timely communication of the grounds and evidence for the renewal of restrictive measures and allowing the applicant to submit observations. The Tribunal further found that the Council did not...

Source-derived case information.

Citation
[2022] EUECJ T-106/21
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, Asset Freeze, Right to Be Heard, Judicial Review, Democratic Republic of Congo Sanctions
European Union Law International Sanctions Human Rights Restrictive Measures Asset Freeze Right to Be Heard Judicial Review Democratic Republic of Congo Sanctions

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

Ratio Decidendi

The Tribunal held that the Council had complied with its obligations to respect the applicant's right to be heard, providing timely communication of the grounds and evidence for the renewal of restrictive measures and allowing the applicant to submit observations. The Tribunal further found that the Council did not commit a manifest error of assessment in maintaining the applicant on the sanctions list, as credible evidence of ongoing serious human rights violations in the DRC persisted, and the applicant remained a politically influential figure associated with entities responsible for such violations.

Court Disposition

application dismissed

Orders

  • The application for annulment is dismissed.
  • Each party shall bear its own costs.