Appeal brought on 20 February 2019 by Mohamed Hosni Elsayed Mubarak against the judgment of the General Court (Fifth Chamber) delivered on 12 December 2018 in Case T-358/17: Mubarak v Council

(Case C-145/19 P)

Language of the case: English

Parties

Appellant: Mohamed Hosni Elsayed Mubarak (represented by: D. Anderson QC, B. Kennelly QC, J. Pobjoy, Barrister, G. Martin, C. Enderby Smith, F. Holmey, Solicitors)

Other party to the proceedings: Council of the European Union

Form of order sought

The appellant claims that the Court should:

set aside the decision under appeal;

itself give final judgment in this case, annulling the contested acts in so far as they concern the appellant;

in the alternative, refer the case back to the General Court for judgment, in line with the legal assessment of the Court of Justice; and

order the Council to pay the appellant’s costs of the proceedings before the Court of Justice and the General Court.

Pleas in law and main arguments

First plea in law, alleging that the General Court erred in finding that the Council was not required to verify that the Egyptian authorities had respected the appellant’s fundamental EU rights.

Second plea in law, alleging that the General Court erred in finding that the Council was not required to verify that the judicial proceedings and investigations involving the appellant concern acts that are such as to undermine the rule of law in Egypt.

Third plea of law, alleging that the General Court erred in finding that the Council had not made a manifest error of assessment in relying on Case No. 8897 (Private Villa Refurbishment Case).

Fourth plea of law, alleging that the General Court erred in finding that the Council had not made a manifest error of assessment in relying on Case No. 756 (Al-Ahram Establishment Gifts Allegation) and Case No. 53 (Dar El Tahrir Gifts Allegation).

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