Judgment of the General Court of 26 March 2019 — Boshab and Others v Council

(Case T-582/17) (1)

(Common Foreign and Security Policy - Restrictive measures directed against certain persons and entities in view of the situation in the Democratic Republic of the Congo - List of persons and entities subject to the freezing of funds and economic resources and to the prohibition of entry and transit - Inclusion of the names of the applicants on the list - Rights of defence - Right to be heard - Obligation to state reasons - Manifest error of assessment - Right to effective judicial protection)

(2019/C 164/45)

Language of the case: French

Parties

Applicants: Évariste Boshab (Kinshasa, Democratic Republic of the Congo) and the seven other applicants whose names are listed in the annex to the judgment (represented: initially by P. Chansay Wilmotte, A. Kalambay Ndaya and P. Okito Omole, and subsequently by T. Bontinck, M. Forgeois, P. De Wolf and A. Guillerme, lawyers)

Defendant: Council of the European Union (represented: initially by M. Veiga and B. Driessen, and subsequently by B. Driessen and J.-P. Hix, acting as Agents)

Re:

Application on the basis of Article 263 TFEU seeking the annulment of Council Implementing Regulation (EU) 2017/904 of 29 May 2017 implementing Article 9(2) of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ 2017 L 138 I, p. 1), and of Council Implementing Decision (CFSP) 2017/905 of 29 May 2017 implementing Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2017 L 138 I, p. 6), in so far as those acts concern the applicants.

Operative part of the judgment

The Court:

1.	Dismisses the action;

2.	Orders Mr Évariste Boshab and the other applicants whose names are listed in the annex to pay the costs.

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(1)  OJ C 374, 6.11.2017.