Judgment of the Court (Sixth Chamber) of 12 May 2022.Évariste Boshab v Council of the European Union.Appeal – 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 – Regulation (EC) No 1183/2005 – Article 2b and Article 9(2) – Decision 2010/788/CFSP – Article 3(2) and Article 9(2) – Applicant continuing to be included on the lists of persons and entities subject to restrictive measures – Decision (CFSP) 2018/1940 – Implementing Regulation (EU) 2018/1931 – Right to be heard.Case C-242/21 P.

Judgment // 12/05/2022 // 3 min read
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Judgment of the Court (Sixth Chamber) of 12 May 2022 – Boshab v Council

(Case C‑242/21 P) ( 1 )

(Appeal – 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 – Regulation (EC) No 1183/2005 – Article 2b and Article 9(2) – Decision 2010/788/CFSP – Article 3(2) and Article 9(2) – Applicant continuing to be included on the lists of persons and entities subject to restrictive measures – Decision (CFSP) 2018/1940 – Implementing Regulation (EU) 2018/1931 – Right to be heard)

  1. EU law – Principles – Rights of the defence – Right to effective judicial protection – Restrictive measures directed against the Democratic Republic of the Congo – Freezing of funds of persons undermining the rule of law or contributing to the commission of acts that constitute serious human rights violations – Obligation to disclose individual and specific grounds for the decisions adopted – Obligation to enable the person concerned effectively to put forward his or her point of view regarding the reasons relied on against him or her – Scope

(Charter of Fundamental Rights of the European Union, Art. 41(2)(a); Council Decision 2010/788/CFSP, as amended by Decision (CFSP) 2018/1940, Annex II; Council Regulation No 2018/1931, Annex)

(see paras 57-59, 62)

  1. Common foreign and security policy – Restrictive measures directed against the Democratic Republic of the Congo – Freezing of funds – Rights of the defence – Notification of inculpatory evidence – Subsequent decision maintaining the name of the applicant on the list of persons covered by those measures – No new grounds – Infringement of the right to be heard – None

(Council Decision 2010/788/CFSP, as amended by Decision (CFSP) 2018/1940, Annex II; Council Regulation No 2018/1931, Annex)

(see paras 72, 73, 79)

  1. EU law – Principles – Rights of the defence – Right to effective judicial protection – Restrictive measures against the Democratic Republic of the Congo – Freezing of funds of persons undermining the rule of law or contributing to the commission of acts that constitute serious human rights violations – Infringement – Annulment – Condition – Possibility for the procedure to lead to a different outcome in the absence of that infringement – None

(Council Decision 2010/788/CFSP, as amended by Decision (CFSP) 2018/1940, Annex II; Council Regulation No 2018/1931, Annex)

(see paras 77, 78)

  1. Common foreign and security policy – Restrictive measures directed against the Democratic Republic of the Congo – Freezing of funds of persons undermining the rule of law or contributing to the commission of acts that constitute serious human rights violations – Criteria – Roles conferring responsibility for the repression of the civil population or compliance with the rule of law

(Council Decision 2010/788/CFSP, as amended by Decision (CFSP) 2018/1940, Annex II; Council Regulation No 2018/1931, Annex)

(see para. 95)

Operative part

The Court:

  1. Dismisses the appeal;

  2. Orders Mr Évariste Boshab to bear his own costs and to pay those incurred by the Council of the European Union.

( 1 ) OJ C 217, 7.6.2021.

Common foreign and security policy , External relations