Order of the General Court of 11 January 2012 - Ben Ali v Council
(Case T-301/11)
(Common foreign and security policy - Restrictive measures taken in the light of the situation in Tunisia - Action for annulment - Time-limit for bringing proceedings - Out of time - No force majeure - No excusable error - Application for alteration of the contested measure - Claim for compensation - Manifest inadmissibility)
Language of the case: French
Parties
Applicant: Mehdi Ben Tijani Ben Haj Hamda Ben Haj Hassen Ben Ali (Tunis, Tunisia) (represented by: A. de Saint Remy, lawyer)
Defendant: Council of the European Union (represented initially by A. Vitro and R. Liudvinaviciute-Cordeiro, and subsequently by R. Liudvinaviciute-Cordeiro and M. Bishop, Agents)
Re:
First, action for annulment of Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia (OJ 2011 L 31, p. 1), in so far as it concerns the applicant and, second, an application seeking an order for the Council to adopt certain derogations to the freezing of funds imposed by the regulation and a claim for damages for the harm allegedly suffered by the applicant.
Operative part of the order
1. The order is dismissed.
2. Mr Mehdi Ben Tijani Ben Haj Hamda Ben Haj Hassen Ben Ali is ordered to bear his own costs and to pay those incurred by the Council of the European Union.
3. There is no need to give a ruling on the application for leave to intervene by the European Commission.
____________1 - OJ C 226, 30.7.2011.