Order of the General Court of 17 February 2012 - Dagher v Council

(Case T-218/11) 

(Common foreign and security policy - Restrictive measures adopted having regard to the situation in Côte d'Ivoire - Withdrawal from the list of persons concerned - Action for annulment - No need to adjudicate - Non-contractual liability)

Language of the case: French

Parties

Applicant: Habib Roland Dagher (Abidjan, Côte d'Ivoire) (represented by: J.-Y. Dupeux and F. Dressen, lawyers)

Defendant: Council of the European Union (represented by: B. Driessen and E. Dumitriu-Segnana, acting as Agents)

Intervener in support of the form of order sought by the defendant: European Commission (represented by: A. Bordes and M. Konstantinides, acting as Agents)

Re:

Firstly, annulment of Council Decision 2011/71/CFSP of 31 January 2011, amending Council Decision 2010/656/CFSP of 29 October 2010 renewing the restrictive measures against Côte d'Ivoire (OJ 2011 L 28, p. 60) and of Council Implementing Regulation (EU) No 85/2011 of 31 January 2011, implementing Council Regulation (EC) No 560/2005 of 12 April 2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d'Ivoire (OJ L 28, p. 32), in so far as the applicant's name has been placed on the list of persons and entities to which those restrictive measures apply and, secondly, a claim for damages

Operative part of the order

1.    There is no further need to adjudicate on the application for annulment of Council Decision 2011/71/CFSP of 31 January 2011, amending Council Decision 2010/656/CFSP of 29 October 2010 renewing the restrictive measures against Côte d'Ivoire and of Council Implementing Regulation (EU) No 85/2011 of 31 January 2011, implementing Council Regulation (EC) No 560/2005 of 12 April 2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d'Ivoire.

2.    The claim for damages is dismissed.

3.    The Council of the European Union shall pay the costs relating to the application for annulment.

4.    The applicant shall pay the costs relating to the claim for damages.

5.    The European Commission shall bear its own costs.

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1 - OJ C 179, 18.6.2011.