In October 2015, Mr Matri won his case (in which Maya Lester QC appeared) challenging his original inclusion in 2011 on the EU’s Tunisian measures, which freeze the assets of people “responsible for the misappropriation of State funds” and those associated with them – see previous blog.
Mr Matri has just lost his challenge to his re-listing in Case T-545/13 Matri v Council (link to the judgment here), because it was sufficient for the EU Council in its revised reasons to have relied on certificates from the Tunisian Ministry of Justice showing that he is subject to judicial investigations for offences amounting to misappropriation of state funds. The General Court (8th Chamber) has given a detailed and interesting judgment. Some of the key points are:
On the same day (30 June 2016) the same chamber of the General Court handed down 2 judgments in similar Tunisian cases for an anonymous applicant, T-224/14 CW and T-516/13 CW, rejecting her annulment and damages claims. The judgments are along the same lines as Matri. A few additional comments from the Court: the EU council does not need to show that the misappropriation contravenes Tunisian criminal law, that the applicant held a public function, and does not need to designate the beneficiaries of the misappropriation.
Maya Lester QC is a senior barrister (Queen’s Counsel) at Brick Court Chambers with a wide-ranging practice in public law, European law, competition law, international law, human rights & civil liberties. She has a particular expertise in sanctions. The legal directories say she is the...See profile for Maya Lester QC >