Appeal brought on 6 July 2021 by the Council of the European Union against the judgment of the General Court (Fifth Chamber) delivered on 21 April 2021 in Case T-322/19, El-Qaddafi v Council

(Case C-413/21 P)

Language of the case: English

Parties

Appellant: Council of the European Union (represented by: V. Piessevaux, M. Bishop, Agents)

Other party to the proceedings: Aisha Muammer Mohamed El-Qaddafi

Form of order sought

The appellant claims that the Court should:

set aside the contested judgment of the General Court;

give final judgment in the matters that are the subject of this appeal and to dismiss the applicant’s action;

and

order the applicant to pay the costs arising from the present appeal and from Case T-322/19.

Pleas in law and main arguments

The Council submits that the General Court erred in the contested judgment in case T-322/19 on the following points:

first ground of appeal: violation of Article 47 of the EU Charter of Fundamental Rights and Article 36, read in conjunction with Article 53, first paragraph, of the Statute of the Court of Justice and misinterpretation of Council Decision (CFSP) 2015/13331 ;

second ground of appeal: misinterpretation of Articles 8(1) and 9(1) of Council Decision 2015/1333 and Article 6(1) of Council Regulation 2016/442 ;

third ground of appeal: the General Court distorted the arguments of the Council, violated the principle that pleadings are to be construed in accordance with their actual terms, misinterpreted Council Decision 2015/1333 and Council Regulation 2016/44 and violated Article 47 of the EU Charter of Fundamental Rights;

fourth ground of appeal: the General Court distorted the evidence, violated the principle that documents and pleadings are to be construed in accordance with their actual terms, violated Article 36, read in conjunction with Article 53, first paragraph, of the Statute of the Court of Justice, and violated Article 263 TFEU and Article 47 of the Charter of Fundamental Rights.

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1 Council Decision (CFSP) 2015/1333 of 31 July 2015 concerning restrictive measures in view of the situation in Libya, and repealing Decision 2011/137/CFSP (OJ 2015, L 206, p. 34).

2 Council Regulation (EU) 2016/44 of 18 January 2016 concerning restrictive measures in view of the situation in Libya and repealing Regulation (EU) No 204/2011 (OJ 2016, L 12, p. 1).