Article 41 - Right to good administration
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 — Right to respect for private and family life — Proportionality — Presumption of innocence — Plea of illegality — Modification of the form of order sought.
Outcome of the case:
THE GENERAL COURT (Ninth Chamber, Extended Composition) hereby:
60) It should be pointed out at the outset 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.
