EU court rejects Mehdi Ben Ali’s application

The General Court of the EU has dismissed Mehdi Ben Ali’s application challenging his re-listing on the EU’s Tunisia sanctions freezing the EU assets of people said to be responsible for misappropriating Tunisian state funds, which have been in place since 2011. The judgment is here – Case T-200/14 Ben Ali v Council [2016] (so far published only in French), and the Tunisia measures are on the ‘sanctions in force’ section of this blog.  In 2014 he won his original challenge to his designation on the grounds that (see previous blog) accusations of money laundering were not necessarily misappropriations of state funds. The reasons for his re-listing were that he was subject to judicial investigations by the Tunisian authorities for misappropriation of public monies, misuse of office by a public office-holder, and exerting wrongful influence over a public office-holder (former President Ben Ali).  The Court rejected his grounds for annulment (legal base, reasons, rights of defence, errors of fact etc) and his claim for damages and costs. It did so largely applying the Ezz judgment (see previous blog).

This entry was posted in European Court Cases, Tunisia by Maya Lester QC. Bookmark the permalink.

About Maya Lester QC

Maya Lester QC has a wide ranging practice in public law, European law, competition law, international law, human rights & civil liberties. She has a particular expertise in sanctions. As the most recent (2016) Chambers & Partners directory put it, she "owns the world of sanctions". She spent 2011-12 in New York at Columbia Law School lecturing and writing on sanctions. She represents and advises hundreds of companies and individuals before the European and English courts and has acted in most of the leading cases, including Kadi, Tay Za, Central Bank of Iran, NITC and IRISL.

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