EU Court rejects 2 Tunisia cases

The General Court has rejected 2 applications to annul listings on the EU’s Tunisia sanctions, brought by Sirine Ben Ali and Mohamed Mabrouk. Links to judgments here: T-149/15 and T-175/15, both of 5 October 2017.  These are the regimes the EU imposed in 2011 on those said to have misappropriated Tunisian state funds.

The Court rejected both cases, finding that it was sufficient for the applicants’ inclusion in these measures that there are ongoing judicial proceedings against them in Tunisia for misappropriation offences.  The Court rejected arguments that those proceedings were taking unreasonably long, unlikely to lead to trial and politically motivated, and that the EU sanctions had run their course given that Tunisia was now a democracy.  The Court did say that by analogy with the counter-terrorism Kadi case law the EU had to examine the evidence sent to it by the Tunisian authorities, but that it had done so sufficiently in these cases.  The judgments cover many other points about admissibility, confirmatory decisions etc too, and also consider whether less onerous alternatives were possible in the proportionality analysis.

 

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.

Please Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s