Judgment of the General Court of (Third Chamber) of 28 May 2013 –Trabelsi and Others v Council
(Case T-187/11) 1
(Common foreign and security policy – Restrictive measures directed against certain persons and entities in view of the situation in Tunisia – Freezing of funds – Article 17(1) of the Charter of Fundamental Rights of the European Union – Action for damages – Article 44(1)(c) of the Rules of Procedure of the General Court – Inadmissibility)
Language of the case: French
Parties
Applicants: Mohamed Trabelsi, Ines Lejri, Moncef Trabelsi, Selima Trabelsi, Tarek Trabelsi (represented by: initially by A. Metzker, and subsequently by A. Tekari, lawyers)
Defendant: Council of the European Union (represented by: initially by G. Étienne and A. Vitro, and subsequently by G. Étienne, M. Bishop and M. M. Joséphidès, Agents)
Interveners in support of the defendants: European Commission (represented by: A. Bordes and M. Konstantinidis, Agents); and Republic of Tunisia (represented by: W. Bourdon, lawyer)
Re:
Application for annulment of, first, 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), and, second, a claim for damages.
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, in so far as it applies to Mr Mohamed Trabelsi.
Declares that the effects of Implementing Decision 2011/79 with respect to Mr Mohamed Trabelsi shall be maintained until the expiry of the period for bringing an appeal against the present judgment or, if an appeal is lodged during that period, until its dismissal.
Dismisses the remainder of the action.
Orders the Council of the European Union to bear, in addition to its own costs, the costs of Mr Mohamed Trabelsi, Mrs Ines Lejri, Mr Moncef Trabelsi, Miss Selima Trabelsi and Mr Tarek Trabelsi, including the costs relating to the application for interim measures.
Orders the European Commission and the Republic of Tunisia to bear their own costs.
____________1 OJ C 152, 21.5.2011.