Mende Omalanga v Council (External relations - Judgment) French Text [2020] EUECJ T-176/18 (12 February 2020)

Mende Omalanga v Council (External relations - Judgment) French Text [2020] EUECJ T-176/18 (12 February 2020)

The Tribunal found the Council had not violated the obligation to state reasons, as the motivation was sufficiently specific and contextual. Although the Council failed to communicate certain new elements to the applicant before renewing restrictive measures, this procedural irregularity did not affect the outcome,...

Source-derived case information.

Citation
[2020] EUECJ T-176/18
Parties
Applicant: Lambert Mende Omalanga; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Annulment Proceedings / Final Judgment
Outcome
application dismissed
Legal Topics
Restrictive Measures, Foreign Relations, Right to Property, Right to Private and Family Life, Proportionality, Presumption of Innocence, Procedural Rights
European Union Law International Law Human Rights Restrictive Measures Foreign Relations Right to Property Right to Private and Family Life Proportionality +2 more

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Summary, issues, holding and outcome

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Parties

Lambert Mende Omalanga

Applicant

Council of the European Union

Respondent

Procedural Posture

Annulment Proceedings / Final Judgment

  1. 1 Whether the Council violated the obligation to state reasons and the right to be heard
  2. 2 Whether there was an error of law or manifest error of assessment in maintaining restrictive measures
  3. 3 Whether the measures violated the right to respect for private and family life, the right to property, and the principle of proportionality

Ratio Decidendi

The Tribunal found the Council had not violated the obligation to state reasons, as the motivation was sufficiently specific and contextual. Although the Council failed to communicate certain new elements to the applicant before renewing restrictive measures, this procedural irregularity did not affect the outcome, as the applicant could not show the result would have been different. The restrictive measures were not obsolete or penal in nature, and the Council did not commit a manifest error of assessment. The applicant's adaptation request was only admissible regarding the decision of execution, not the regulation. The claims of violation of property, private and family life, and...

Court Disposition

application dismissed

Orders

  • The application for annulment is rejected.
  • The applicant is ordered to pay costs.