Judgment of the General Court of 15 September 2021 –Mutondo v Council
(Case T-103/20) 1
(Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territory of the Member States – Retention of the applicant’s name on the lists of persons subject to restrictive measures – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality)
Language of the case: French
Parties
Applicant: Kalev Mutondo (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, A. Guillerme and T. Payan, lawyers)
Defendant: Council of the European Union (represented by: H. Marcos Fraile and M.-C. Cadilhac, acting as Agents)
Re:
Application under Article 263 TFEU seeking annulment, first, of Council Decision (CFSP) 2019/2109 of 9 December 2019 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2019 L 318, p. 134), and, second, Council Implementing Decision (EU) 2019/2101 of 9 December 2019 implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ 2019 L 318, p. 1) in so far as those acts concern the applicant.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Mr Kalev Mutondo to pay the costs.
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1 OJ C 129, 20.4.2020.