Action brought on 14 February 2011 - Bamba v Council

(Case T-86/11)

Language of the case: French

Parties

Applicant: Nadiany Bamba (Abidjan, Côte d'Ivoire) (represented by: P. Haïk, lawyer)

Defendant: Council of the European Union

Form of order sought

declare Mrs Nadiany BAMBA's action admissible;

annul 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 to the extent that it concerns the applicant;

annul Council Decision 2011/18/CFSP of 14 January 2011 amending Council Decision 2010/656/CFSP renewing the restrictive measures against Côte d'Ivoire to the extent that it concerns the applicant;

order the Council of the European Union to pay the costs in accordance with Articles 87 and 91 of the Rules of Procedure of the General Court.

Pleas in law and main arguments

In support of the action, the applicant puts forward two pleas in law.

First plea in law alleging an infringement of the rights of the defence and of the right to a fair hearing provided for in Article 47 of the Charter of Fundamental Rights of the European Union and Articles 6 and 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), in that the contested measures:

do not provide for a procedure allowing the applicant to be guaranteed effective exercise of his rights of defence, in particular the right to be heard and the right to the benefit of a procedure allowing her to effectively request her removal from the list of persons covered by the restrictive measures;

at no time provide for the communication of detailed reasons for the inclusion on the list of persons subject to the restrictive measures;

at no time provide for the interested person to be notified of the methods and time-limits of actions against the decision to include on the list.

2.    Second plea in law alleging an infringement of the fundamental right to respect for property enshrined in Article 1 of Additional Protocol No 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms.

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