Action brought on 26 March 2012 - Ben Ali v Council

(Case T-133/12)

Language of the case: French

Parties

Applicant: Mehdi Ben Tijani Ben Haj Hamda Ben Haj Hassen Ben Ali (Saint-Étienne-du-Rouvray, France) (represented by: A. de Saint Remy, lawyer)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the General Court should:

adopt a measure of organisation of procedure, under Article 64 of the General Court's Rules of Procedure, to ensure that the Commission discloses 'all documents relating to the adoption' of the contested regulation;

annul the contested regulation in so far as it concerns the applicant;

order the Council of the European Union to pay the applicant an overall sum of EUR 50 000 in compensation for all forms of damage;

order the Council of the European Union to pay the applicant a sum of EUR 7 500 for legal expenses in support of the application, in accordance with Article 91 of the Rules of Procedure, as recoverable costs;

order the Council of the European Union to pay the costs.

Pleas in law and main arguments

By his application, the applicant seeks (i) the annulment of Council Decision 2012/50/CFSP of 27 January 2012 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia² and (ii) damages in respect of the loss which he considers to have suffered.

In support of the action, the applicant relies on seven pleas in law which are, in essence, identical or similar to those raised in Case T-301/11 Ben Ali v Council. 

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¹ - OJ 2012 L 27, p. 11.

² - OJ 2011 C226, p. 29.