Judgment of the General Court of 28 May 2013 – Al Matri v Council
(Case T-200/11) 1
(Common foreign and security policy – Restrictive measures directed against certain persons and entities in view of the situation in Tunisia – Freezing of funds – No legal basis)
Language of the case: English
Parties
Applicant: Fahed Mohamed Sakher Al Matri (Doha, Qatar) (represented by: M. Lester, Barrister, and G. Martin, Solicitor)
Defendant: Council of the European Union (represented by: M. Bishop and I. Gurov, Agents)
Interveners in support of the defendant: European Commission (represented by: A. Bordes and M. Konstantinidis, Agents); and Republic of Tunisia (represented by: W. Bourdon, lawyer)
Re:
Application for annulment, first, of Council Implementing Decision 2011/79/CFSP of 4 February 2011 implementing Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2011 L 31, p. 40); secondly, 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); and, thirdly, of Council Decision 2012/50/CFSP of 27 January 2012 amending Decision 2011/72 (OJ 2012 L 27, p. 11), in so far as they apply to the applicant.
Operative part of the judgment
The Court:
Annuls Council Implementing Decision 2011/79/CFSP of 4 February 2011 implementing Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia and 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, in so far as they concern Mr Fahed Mohamed Sakher Al Matri;
Declares that the effects of Implementing Decision 2011/79 with respect to Mr Al Matri shall be maintained until the annulment of Regulation No 101/2011 takes effect in so far as it concerns Mr Al Matri;
Declares that there is no need to adjudicate on the remainder of the action;
Orders the Council of the European Union to bear its own costs and to pay those incurred by Mr Al Matri;
Orders the European Commission and the Republic of Tunisia to bear their own costs.
____________1 OJ C 160, 28.5.2011.