Action brought on 30 March 2011 -Trabelsi and Others v Council

(Case T-187/11)

Language of the case: French

Parties

Applicants: Mohamed Trabelsi (Paris, France), Ines Lejri (Paris), Moncef Trabelsi (Paris), Selima Trabelsi (Paris) and Tarek Trabelsi (Paris) (represented by: A. Metzker, lawyer)

Defendant: Council of the European Union

Form of order sought

The applicants claim that the Court should:

annul the contested decision of the Council of the European Union of 4 February 2011;

remove the name 'Mohamed TRABELSI' from the list;

remove the name 'INES LEJRI' from the list;

remove the name of Mr Mohamed TRABELSI's mother;

remove the address indicated in relation to Mr Mohamed TRABELSI;

grant Mr and Mrs TRABELSI a right to respond;

protect Mr Tarek TRABELSI given his disability;

instruct the Council of the European Union to re-examine its text and to comply with the principle of the presumption of innocence;

suspend the text adopted by the Council of the European Union;

order the Council of the European Union to pay Mr TRABELSI the sum of EUR 150 000 by way of damages for the harm suffered;

hold the European Union liable for the sum of EUR 25 000 by way of costs;

order the State to pay non-recoverable expenses - which it falls to the Court to set on an equitable basis - pursuant to Article L 761-1 of the Code de justice administrative (Administrative Justice Code).

Pleas in law and main arguments

In support of the action, the applicants rely on two pleas in law.

1.    First plea in law alleging a formal illegality of the contested decision by reason of a misuse of powers and of infringement of the principles of the presumption of innocence, of the legality of criminal offences and penalties, of non bis in idem and of the principle that both parties must be heard, as well as that of fair legal process.

2.    Second plea in law alleging a substantive illegality of the contested decision by reason of an infringement of the right to property as well as of the principles of human dignity and equality, of an infringement of the freedoms of the TRABELSIs, of an interference with private life and of discrimination against a disabled child.

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