First judgment on the EU’s Tunisian sanctions regimes - Al Matri wins application for annulment

10/06/13

In January 2011, the European Union imposed sanctions on a number of people that the European Council said were "responsible for misappropriating the funds of the State of Tunisia".  Mr Al Matri was included in these "restrictive measures", which take the form of an EU-wide asset freeze and travel ban, because the Ministry of Foreign Affairs in Tunisia had informed the European Council that he was subject to judicial investigation for money laundering in Tunisia.  This was in response to a request from the European Council asking for a list of people whom the Tunisian Ministry wished to "punish" for acting against Tunisian State interests.

The General Court has annulled the listing of Fahed Al Matri, in Case T-200/11 Al Matri v Council, although the annulment will not take effect until the 2 month period for the European Council to appeal has expired. The Court held that being subject to investigation for money laundering does not satisfy the criterion for designation in the relevant EU Decision and Regulation, which requires a finding of "responsibility for misappropriation of State funds", because money laundering does not necessarily imply any offence relating to public funds.  The Court also said, following the ECJ's judgment in the Burmese case Tay Za (in which Maya Lester appeared with David Anderson QC and on appeal with Sir Sydney Kentridge QC), that the Council was not entitled to presume that since Mr El Matri was the son-in-law of former President Ben Ali, that money-laundering relating to him would necessarily involve State funds.

The judgment is here.

Judgment
European Sanctions blog