Judgment of the Court (Third Chamber) of 15 November 2012 - Council of the European Union v Nadiany Bamba, European Commission
(Case C-417/11 P)
(Appeal - Common foreign and security policy - Specific restrictive measures directed against certain persons and entities in view of the situation in Côte d'Ivoire - Freezing of funds - Article 296 TFEU - Obligation to state the reasons on which a decision is based - Rights of the defence - Right to an effective legal remedy - Right to respect for property)
Language of the case: French
Parties
Appellant: Council of the European Union (represented by: M. Bishop and B. Driessen and by E. Dumitriu-Segnana, Agents)
Other parties to the proceedings: Nadiany Bamba, (represented: initially by P. Haïk, and subsequently by P. Maisonneuve, lawyers), European Commission (represented by: E. Cujo and M. Konstantinidis, Agents)
Intervener in support of the applicant: French Republic (represented by: G. de Bergues and É. Ranaivoson, Agents)
Re:
Appeal brought against the judgment of the General Court (Fifth Chamber) of 8 June 2011 in Case T-86/11 Bamba v Council in which the General Court annulled Council Decision 2011/18/CFSP of 14 January 2011 amending Council Decision 2010/656/CFSP renewing the restrictive measures against Côte d'Ivoire and Council Regulation (EU) No 25/2011 of 14 January 2011 amending Regulation (EC) No 560/2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d'Ivoire (OJ 2011 L 11, p. 1), in so far as those measures concern Ms Nadiany Bamba - Freezing of funds - Obligation to state reasons - Error of law
Operative part of the judgment
The Court:
Sets aside the judgment of the General Court of the European Union of 8 June 2011 in Case T-86/11 Bamba v Council;
Dismisses Ms Bamba's action;
Orders Ms Bamba to pay, in addition to her own costs, those incurred by the Council of the European Union in connection with the present appeal and at first instance;
Orders the French Republic and the European Commission to bear their own costs.
____________1 - OJ C 311, 22.10.2011.