Ben Ali v Council (Judgment) French Text [2020] EUECJ T-151/18 (28 October 2020)

Ben Ali v Council (Judgment) French Text [2020] EUECJ T-151/18 (28 October 2020)

The Court held that the applicant's claims against Council Decisions 2018/141 and 2019/135 were admissible due to the suspension of procedural deadlines resulting from the legal aid process, and because the adaptation of the claim to the subsequent decision was permitted. Claims against Decision 2020/117 were...

Source-derived case information.

Citation
[2020] EUECJ T-151/18
Parties
Applicant: Slim Ben Tijani Ben Haj Hamda Ben Ali; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Annulment Proceedings Under Article 263 TFEU / Final Judgment
Outcome
Application rejected in part as inadmissible and in part as unfounded.
Legal Topics
Restrictive Measures, Foreign Policy, Asset Freezing, Right to Defence, Effective Judicial Protection, Reasonable Time for Judgment, Legal Aid, Suspensive Effect, Admissibility
EU Law International Law Human Rights Restrictive Measures Foreign Policy Asset Freezing Right to Defence Effective Judicial Protection +4 more

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Parties

Slim Ben Tijani Ben Haj Hamda Ben Ali

Applicant

Council of the European Union

Respondent

Procedural Posture

Annulment Proceedings Under Article 263 TFEU / Final Judgment

  1. 1 Admissibility of claims against Council Decisions 2018/141, 2019/135, and 2020/117
  2. 2 Suspension of procedural deadlines due to legal aid
  3. 3 Obligation of the Council to verify respect for rights of defence and effective judicial protection in third-country proceedings

Ratio Decidendi

The Court held that the applicant's claims against Council Decisions 2018/141 and 2019/135 were admissible due to the suspension of procedural deadlines resulting from the legal aid process, and because the adaptation of the claim to the subsequent decision was permitted. Claims against Decision 2020/117 were inadmissible as the legal aid suspension did not apply and the adaptation was filed out of time. On the merits, the Court found that the Council had provided sufficient motivation and factual basis for maintaining the applicant's name on the asset freeze list, and had not violated the applicant's rights of defence or effective judicial protection. The applicant's arguments regarding...

Court Disposition

Application rejected in part as inadmissible and in part as unfounded.

Orders

  • Claims against Council Decisions 2018/141 and 2019/135 are admissible but rejected on the merits.
  • Claims against Council Decision 2020/117 are inadmissible.