Judgment of the General Court of 22 April 2015 –Tomana and Others v Council and Commission
(Case T-190/12) 1
(Common foreign and security policy — Restrictive measures imposed on certain persons and entities in view of the situation in Zimbabwe — Restrictions on entry into and transit through the European Union — Freezing of funds — Legal basis — Manifest error of assessment — Obligation to state reasons — Rights of the defence — Fundamental rights — Proportionality)
Language of the case: English
Parties
Applicants: Johannes Tomana (Harare, Zimbabwe) and the 120 other applicants named in the annex to the judgment (represented by: initially by D. Vaughan QC, M. Lester and R. Lööf, Barristers, and by M. O’Kane, Solicitor, and subsequently by D. Vaughan, M. Lester and M. Lööf)
Defendants: Council of the European Union (represented by: B. Driessen, M. Veiga and A. Vitro, Agents); European Commission (represented by M. Konstantinidis, T. Scharf and E. Georgieva, Agents)
Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by : by E. Jenkinson, C. Murrell and M. Holt, Agents, and by S. Lee, Barrister)
Re:
Application for annulment of Council Decision 2012/97/CFSP of 17 February 2012 amending Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe (OJ 2012 L 47, p. 50), Commission Implementing Regulation (EU) No 151/2012 of 21 February 2012 amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures against Zimbabwe (OJ 2012 L 49, p. 2), and Council Implementing Decision 2012/124/CFSP of 27 February 2012 implementing Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe (OJ 2012 L 54, p. 20), in so far as those acts concern the applicants.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Mr Johannes Tomana and the 120 other applicants listed in the annex hereto to bear their own costs and to pay the costs incurred by the Council of the European Union and the European Commission;
Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.
________________________1 OJ C 194, 30.6.2012.