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CJEU Case T-163/18 / Judgment

Gabriel Amisi Kumba v Council of the European Union
Policy area
Foreign and security policy
Deciding body type
Court of Justice of the European Union
Deciding body
General Court (Ninth Chamber)
Type
Decision
Decision date
12/02/2020
ECLI (European case law identifier)
ECLI:EU:T:2020:57

Carta dei diritti fondamentali dell’Unione europea

Title V: Citizens' rights

Article 41 - Right to good administration

VIEW FULL CASE
  • CJEU Case T-163/18 / Judgment

    Key facts of the case:

    Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Continued inclusion of the applicant’s name on the list of persons covered — Obligation to state reasons — Rights of the defence — Obligation on the Council to disclose new evidence justifying the renewal of restrictive measures — Error of law — Manifest error of assessment — Right to property — Proportionality — Presumption of innocence — Plea of illegality.

    Outcome of the case:

     

    On those grounds, THE GENERAL COURT (Ninth Chamber, Extended Composition) hereby:

    1. Dismisses the action;
    2. Orders Mr Gabriel Amisi Kumba to pay the costs.
  • Paragraphs referring to EU Charter

    49) In that regard, it should be pointed out that, under Article 41(2)(a) of the Charter of Fundamental Rights of the European Union (‘the Charter’), everyone has the right to be heard before any individual measure which would affect him adversely is taken.