Judgment of the General Court of 19 May 2010 - Tay Za v Council
(Common foreign and security policy - Restrictive measures against Myanmar - Freezing of funds - Action for annulment - Joint legal basis of Articles 60 EC and 301 EC - Obligation to state the reasons on which a decision is based - Rights of the defence - Right to effective judicial review - Right to respect for property - Proportionality)
Language of the case: English
Parties
Applicant: Pye Phyo Tay Za (Yangon, Myanmar) (represented by: D. Anderson QC, M. Lester, Barrister, and G. Martin, Solicitor)
Defendant: Council of the European Union (represented by: M. Bishop and E. Finnegan, Agents)
Interveners in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented initially by S. Behzadi-Spencer, acting as Agent, and subsequently by I. Rao, acting as Agent, and by D. Beard, Barrister); and European Commission (represented by: A. Bordes, P. Aalto and S. Boelaert, Agents)
Re:
Application for annulment of Council Regulation (EC) No 194/2008 of 25 February 2008 renewing and strengthening the restrictive measures in respect of Burma/Myanmar and repealing Regulation (EC) No 817/2006 (OJ 2008 L 66, p. 1), in so far as the applicant's name appears on the list of persons, entities or bodies to which the regulation applies.
Operative part of the judgment
The Court:
Dismisses the application.
Orders Pye Phyo Tay Za to bear his own costs and to pay those incurred by the Council of the European Union.
Orders the United Kingdom of Great Britain and Northern Ireland and the European Commission to bear their own costs.
____________1 - OJ C 171, 5.7.2008.