Address https://gelex.eu/eli/EU/decision/2016/119@2016-01-28/en

Contents

1. Preamble
2. 1. Article 1
3. Article 1
4. (1)
   1. Article 5
5. 1. Article 1
   2. Article 2
6. ANNEX
7. ANNEX LIST OF PERSONS AND ENTITIES REFERRED TO IN ARTICLE 1

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1) On 31 January 2011, the Council adopted Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia.

(2) The restrictive measures set out in Decision 2011/72/CFSP apply until 31 January 2016. On the basis of a review of that Decision, the restrictive measures should be extended until 31 January 2017. The entries for 48 persons should be amended.

(3) Decision 2011/72/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2011/72/CFSP is amended as follows:

(1) Article 5 is replaced by the following:

Article 1

(1)

Article 5

This Decision shall apply until 31 January 2017. It shall be kept under constant review. It may be renewed or amended, as appropriate, if the Council deems that its objectives have not been met.;

Article 1

(2) the Annex to Decision 2011/72/CFSP is replaced by the text appearing in the Annex to this Decision.

Article 2

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Done at Brussels, 28 January 2016. For the Council The President A.G. Koenders

ANNEX

ANNEX LIST OF PERSONS AND ENTITIES REFERRED TO IN ARTICLE 1

Name Identifying information Grounds 1. Zine El Abidine Ben Haj Hamda Ben Haj Hassen BEN ALI Ex-president of Tunisia, born in Hamman-Sousse 3 September 1936, son of Selma HASSEN, married to Leïla TRABELSI, holder of national identity card (NIC) No 00354671. Person subject to judicial investigations by the Tunisian authorities for misappropriation of public monies by a public office-holder, misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person and for the offence of the receipt by a public official of public funds which he knew were not due, and used for the personal benefit of himself or members of his family. 2. Leila Bent Mohamed Ben Rhouma TRABELSI Tunisian, born in Tunis 24 October 1956, daughter of Saida DHERIF, married to Zine El Abidine BEN ALI, holder of NIC No 00683530. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person, and for complicity in the offence of the receipt by a public official of public funds which he knew were not due, and used for the personal benefit of himself or members of his family. 3. Moncef Ben Mohamed Ben Rhouma TRABELSI Tunisian, born in Tunis 4 March 1944, son of Saida DHERIF, married to Yamina SOUIEI, managing director, residing at 11 rue de France — Radès Ben Arous, holder of NIC No 05000799. Person (deceased) whose activities are subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 4. Mohamed Ben Moncef Ben Mohamed TRABELSI Tunisian, born in Sabha-Lybie 7 January 1980, son of Yamina SOUIEI, managing director, married to Inès LEJRI, residing at Résidence de l'Étoile du Nord — suite B- 7th floor — apt. No 25 — Centre urbain du nord — Cité El Khadra — Tunis, holder of NIC No 04524472. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder (former CEO of Banque Nationale Agricole) to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 5. Fahd Mohamed Sakher Ben Moncef Ben Mohamed Hfaiez MATERI Tunisian, born in Tunis 2 December 1981, son of Naïma BOUTIBA, married to Nesrine BEN ALI, holder of NIC No 04682068. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of Tunisian public monies by a public office-holder (ex-President Ben Ali), complicity in the misuse of office by a public office-holder (ex-President Ben Ali) to procure an unjustified advantage for a third party and to cause a loss to the administration, exerting wrongful influence over a public office-holder ex-President Ben Ali with a view to obtaining directly or indirectly an advantage for another person, and for complicity in the offence of the receipt by a public official of public funds which he knew were not due, and used for the personal benefit of himself or members of his family. 6. Nesrine Bent Zine El Abidine Ben Haj Hamda BEN ALI Tunisian, born in Tunis 16 January 1987, daughter of Leïla TRABELSI, married to Fahd Mohamed Sakher MATERI, holder of NIC No 00299177. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person and for complicity in the offence of the receipt by a public official of public funds which he knew were not due, and used for the personal benefit of himself or members of his family. 7. Halima Bent Zine El Abidine Ben Haj Hamda BEN ALI Tunisian, born in Tunis 17 July 1992, daughter of Leïla TRABELSI, residing at the Presidential Palace, holder of NIC No 09006300. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 8. Belhassen Ben Mohamed Ben Rhouma TRABELSI Tunisian, born in Tunis 5 November 1962, son of Saida DHERIF, managing director, residing at 32 rue Hédi Karray — El Menzah — Tunis, holder of NIC No 00777029. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 9. Mohamed Naceur Ben Mohamed Ben Rhouma TRABELSI Tunisian, born in Tunis 24 June 1948, son of Saida DHERIF, married to Nadia MAKNI, acting manager of an agricultural undertaking, residing at 20 rue El Achfat — Carthage — Tunis, holder of NIC No 00104253. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 10. Jalila Bent Mohamed Ben Rhouma TRABELSI Tunisian, born in Radès 19 February 1953, daughter of Saida DHERIF, married to Mohamed MAHJOUB, managing director, residing at 21 rue d'Aristote — Carthage Salammbô, holder of NIC No 00403106. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 11. Mohamed Imed Ben Mohamed Naceur Ben Mohamed TRABELSI Tunisian, born in Tunis 26 August 1974, son of Najia JERIDI, businessman, residing at 124 avenue Habib Bourguiba -Carthage presidence, holder of NIC No 05417770. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 12. Mohamed Adel Ben Mohamed Ben Rehouma TRABELSI Tunisian, born in Tunis 26 April 1950, son of Saida DHERIF, married to Souad BEN JEMIA, managing director, residing at 3 rue de la Colombe — Gammarth Supérieur, holder of NIC No 00178522. Person (deceased) whose activities are subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 13. Mohamed Mourad Ben Mohamed Ben Rehouma TRABELSI Tunisian, born in Tunis 25 September 1955, son of Saida DHERIF, married to Hela BELHAJ, CEO, residing at 20 rue Ibn Chabat — Salammbô — Carthage -Tunis, holder of NIC No 05150331. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 14. Samira Bent Mohamed Ben Rhouma TRABELSI Tunisian, born 27 December 1958, daughter of Saida DHERIF, married to Mohamed Montassar MEHERZI, sales director, residing at 4 rue Taoufik EI Hakim — La Marsa, holder of NIC No 00166569. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person, and for complicity in the offence of the receipt by a public official of public funds which he knew were not due, and used for the personal benefit of himself or members of his family. 15. Mohamed Montassar Ben Kbaier Ben Mohamed MEHERZI Tunisian, born in La Marsa 5 May 1959, son of Fatma SFAR, married to Samira TRABELSI, CEO, residing at 4 rue Taoufik El Hakim-La Marsa, holder of NIC No 00046988. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 16. Nefissa Bent Mohamed Ben Rhouma TRABELSI Tunisian, born 1 February 1960, daughter of Saida DHERIF, married to Habib ZAKIR, residing at 4 rue de la Mouette — Gammarth Supérieur, holder of NIC No 00235016. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 17. Habib Ben Kaddour Ben Mustapha BEN ZAKIR Tunisian, born 5 March 1957, son of Saida BEN ABDALLAH, married to Nefissa TRABELSI, property developer, residing at 4 rue Ennawras — Gammarth Supérieur, holder of NIC No 00547946. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 18. Moez Ben Moncef Ben Mohamed TRABELSI Tunisian, born in Tunis 3 July 1973, son of Yamina SOUIEI, managing director, property developer, residing at apartment block Amine El Bouhaira-rue du Lac Turkana-Les Berges du Lac-Tunis, holder of NIC No 05411511. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 19. Lilia Bent Noureddine Ben Ahmed NACEF Tunisian, born in Tunis 25 June 1975, daughter of Mounira TRABELSI (sister of Leila TRABELSI), managing director, married to Mourad MEHDOUI, residing at 41 rue Garibaldi -Tunis, holder of NIC No 05417907. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 20. Mourad Ben Hédi Ben Ali MEHDOUI Tunisian, born in Tunis 3 May 1962, son of de Neila BARTAJI, married to Lilia NACEF, CEO, residing at 41 rue Garibaldi — Tunis, holder of NIC No 05189459. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 21. Houssem Ben Mohamed Naceur Ben Mohamed TRABELSI Tunisian, born 18 September 1976, son of Najia JERIDI, CEO, residing at housing estate Erriadh.2-Gammarth — Tunis, holder of NIC No 05412560. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 22. Bouthaina Bent Moncef Ben Mohamed TRABELSI Tunisian, born 4 December 1971, daughter of Yamina SOUIEI, managing director, residing at 2 rue El Farrouj — La Marsa, holder of NIC No 05418095. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 23. Nabil Ben Abderrazek Ben Mohamed TRABELSI Tunisian, born 20 December 1965, son of Radhia MATHLOUTHI, married to Linda CHERNI, office worker at Tunisair, residing at 12 rue Taieb Mhiri-Le Kram — Tunis, holder of NIC No 00300638. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 24. Mehdi Ben Ridha Ben Mohamed BEN GAIED Tunisian, born 29 January 1988, son of de Kaouther Feriel HAMZA, CEO of Stafiem — Peugeot, residing at 4 rue Mohamed Makhlouf — El Manar.2-Tunis. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 25. Mohamed Slim Ben Mohamed Hassen Ben Salah CHIBOUB Tunisian, born 13 January 1959, son of Leïla CHAIBI, married to Dorsaf BEN ALI, CEO, residing at rue du Jardin — Sidi Bousaid — Tunis, holder of NIC No 00400688. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder (ex-President Ben Ali) to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 26. Dorsaf Bent Zine El Abidine Ben Haj Hamda BEN ALI Tunisian, born in Le Bardo 5 July 1965, daughter of Naïma EL KEFI, married to Mohamed Slim CHIBOUB, residing at 5 rue El Montazah — Sidi Bousaid — Tunis, holder of NIC No 00589759. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 27. Sirine Bent Zine El Abidine Ben Haj Hamda BEN ALI Tunisian, born in Le Bardo 21 August 1971, daughter of Naïma EL KEFI, married to Mohamed Marouene MABROUK, adviser at the Ministry of Foreign Affairs, holder of NIC No 05409131. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 28. Mohamed Marouen Ben Ali Ben Mohamed MABROUK Tunisian, born in Tunis 11 March 1972, son of Jaouida El BEJI, married to Sirine BEN ALI, CEO, residing at 8 rue du Commandant Béjaoui — Carthage — Tunis, holder of NIC No 04766495. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 29. Ghazoua Bent Zine El Abidine Ben Haj Hamda BEN ALI Tunisian, born in Le Bardo 8 March 1963, daughter of Naïma EL KEFI, married to Slim ZARROUK, medical doctor, residing at 49 avenue Habib Bourguiba — Carthage, holder of NIC No 00589758. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 30. Slim Ben Mohamed Salah Ben Ahmed ZARROUK Tunisian, born in Tunis 13 August 1960, son of Maherzia GUEDIRA, married to Ghazoua BEN ALI, CEO, residing at 49 avenue Habib Bourguiba — Carthage, holder of NIC No 00642271. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 31. Farid Ben Haj Hamda Ben Haj Hassen BEN ALI Tunisian, born in Hammam-Sousse 22 November 1949, son of Selma HASSEN, press photographer in Germany, residing at 11 rue Sidi el Gharbi — Hammam — Sousse, holder of NIC No 02951793. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 32. Faouzi Ben Haj Hamda Ben Haj Hassen BEN ALI Tunisian, born in Hammam-Sousse 13 March 1947, married to Zohra BEN AMMAR, managing director, residing at rue El Moez — Hammam — Sousse, holder of NIC No 02800443. Person (deceased) whose activities are subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 33. Hayet Bent Haj Hamda Ben Haj Hassen BEN ALI Tunisian, born in Hammam-Sousse 16 May 1952, daughter of Selma HASSEN, married to Fathi REFAT, Tunisair representative, residing at 17 avenue de la République.- Hammam-Sousse, holder of NIC No 02914657. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 34. Najet Bent Haj Hamda Ben Raj Hassen BEN ALI Tunisian, born in Sousse 18 September 1956, daughter of Selma HASSEN, married to Sadok Habib MHIRI, company manager, residing at avenue de l'Imam Muslim- Khezama ouest-Sousse, holder of NIC No 02804872. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 35. Slaheddine Ben Haj Hamda Ben Haj Hassen BEN ALI Tunisian, born 28 October 1938, son of Selma HASSEN, retired, widower of Selma MANSOUR, residing at 255 cité El Bassatine — Monastir, holder of NIC No 028106l4. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 36. Kaïs Ben Slaheddine Ben Haj Hamda BEN ALI Tunisian, born in Tunis 21 October 1969, son of Selma MANSOUR, married to Monia CHEDLI, managing director, residing at avenue Hédi Nouira — Monastir, holder of NIC No 04180053. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 37. Hamda Ben Slaheddine Ben Haj Hamda BEN ALI Tunisian, born in Monastir 29 April 1974, son of Selma MANSOUR, bachelor, company manager, residing at 83 Cap Marina — Monastir, holder of NIC No 04186963. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 38. Najmeddine Ben Slaheddine Ben Haj Hamda BEN ALI Tunisian, born in Monastir 12 October 1972, son of Selma MANSOUR, bachelor, commercial exporter and importer, residing at avenue Mohamed Salah Sayadi — Skanes — Monastir, holder of NIC No 04192479. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 39. Najet Bent Slaheddine Ben Haj Hamda BEN ALI Tunisian, born in Monastir 8 March 1980, daughter of Selma MANSOUR, married to Zied JAZIRI, company secretary, residing at rue Abu Dhar El Ghafari — Khezama est — Sousse, holder of NIC No 06810509. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 40. Douraied Ben Hamed Ben Taher BOUAOUINA Tunisian, born in Hammam — Sousse 8 October 1978, son of Hayet BEN ALI, company director, residing at 17 avenue de la République — Hammam-Sousse, holder of NIC No 05590835. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 41. Akrem Ben Hamed Ben Taher BOUAOUINA Tunisian, born in Hammam — Sousse 9 August 1977, son of Hayet BEN ALI, managing director, residing at 17 avenue de la République — Hammam — Sousse, holder of NIC No 05590836. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 42. Ghazoua Bent Hamed Ben Taher BOUAOUINA Tunisian, born in Monastir 30 August 1982, daughter of Hayet BEN ALI, married to Badreddine BENNOUR, residing at rue Ibn Maja — Khezama est — Sousse, holder of NIC No 08434380. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 43. Imed Ben Habib Ben Bouali LTAIEF Tunisian, born in Sousse 13 January 1970, son of Naïma BEN ALI, Tunisair department manager, residing at Résidence les Jardins, apt. 8C Block b — El Menzah 8 — l'Ariana, holder of NIC No 05514395. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 44. Naoufel Ben Habib Ben Bouali LTAIEF Tunisian, born in Hammam — Sousse 22 October 1967, son of Naïma BEN ALI, special adviser at the Ministry of Transport, residing at 4 avenue Tahar SFAR — El Manar 2-Tunis, holder of NIC No 05504161. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 45. Montassar Ben Habib Ben Bouali LTAIEF Tunisian, born in Sousse 3 January 1973, son of Naïma BEN ALI, married to Lamia JEGHAM, managing director, residing at 13 Ennakhil housing estate — Kantaoui — Hammam — Sousse, holder of NIC No 05539378. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 46. Mehdi Ben Tijani Ben Haj Hamda Ben Haj Hassen BEN ALI Tunisian, born in Paris 27 October 1966, son of Paulette HAZAT, company director, residing at Chouket El Arressa, Hammam-Sousse, holder of NIC No 05515496 (dual nationality). Person subject to judicial investigation by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder (ex-President Ben Ali) to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 47. Slim Ben Tijani Ben Haj Hamda BEN ALI Tunisian and French nationality; born in Le Petit Quevilly (76) on 6 April 1971 (or on 16 April according to his Tunisian identity card); son of Tijani BEN ALI born 9 February 1932 and Paulette HAZET (or HAZAT) born 23 February 1936; married to Amel SAIED (or SAID); managing director; residing at Chouket El Arressa, Hammam — Sousse, according to his Tunisian NIC No 00297112; residing at 14, esplanade des Guinandiers à Bailly Romainvilliers (77), according to his French NIC No 111277501841. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person. 48. Sofiene Ben Habib Ben Haj Hamda BEN ALI Tunisian, born in Tunis 28 August 1974, son of Leila DEROUICHE, sales director, residing at 23 rue Ali Zlitni, El Manar 2-Tunis, holder of NIC No 04622472. Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person.

Versions

1. 2016-01-28

Cited by

• Judgment of the General Court (Ninth Chamber, Extended Composition) 28 October 2020 Judgment · Grade B

  In accordance with Article 5 of Decision 2011/72, the Council renewed that decision several times for a period of one year by adopting, successively, Decision 2012/50/CFSP of 27 January 2012 (OJ 2012 L 27, p. 11), Decision 2013/72/CFSP of 31 January 2013 (OJ 2013 L 32, p. 20), Decision 2014/49/CFSP of 30 January 2014 (OJ 2014 L 28, p. 38), Decision (CFSP) 2015/157 of 30 January 2015 (OJ 2015 L 26, p. 29), Decision (CFSP) 2016/119 of 28 January 2016 (OJ 2016 L 23, p. 65), Decision (CFSP) 2017/153 of 27 January 2017 (OJ 2017 L 23, p. 19), Decision (CFSP) 2018/141 of 29 January 2018 (OJ 2018 L 25

• Judgment of the General Court (Ninth Chamber, Extended Composition) 28 October 2020 Judgment · Grade B

  The applicant’s designation on the list annexed to Decision 2011/72 (the list at issue) and, consequently, on the list in Annex I to Regulation No 101/2011 was maintained in those successive renewals. Moreover, Decision 2016/119 supplemented the identifying information relating to the applicant by mentioning his French nationality and his address in France.

• Judgment of the General Court (Ninth Chamber, Extended Composition) 28 October 2020 Judgment · Grade B

  Those grounds were amended again by Decision 2016/119 as follows: Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public officeholder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person.

• Judgment of the General Court (Fifth Chamber) 5 October 2017 Judgment · Grade B

  In Case T‑175/15, Mohamed Marouen Ben Ali Ben Mohamed Mabrouk, residing in Tunis (Tunisia), represented by J.-R. Farthouat, J.-P. Mignard, N. Boulay, lawyers, and S. Crosby, Solicitor, applicant,v Council of the European Union, represented initially by Á. de Elera-San Miguel Hurtado and G. Étienne, and subsequently by Á. de Elera‑San Miguel Hurtado, acting as Agents, defendant, APPLICATION pursuant to Article 263 TFEU for annulment of Council Decision (CFSP) 2015/157 of 30 January 2015 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities

• Judgment of the General Court (Fifth Chamber) 5 October 2017 Judgment · Grade B

  On 28 January 2016, the Council adopted Decision (CFSP) 2016/119 amending Decision 2011/72 (OJ 2016 L 23, p. 65), which, under Article 1(1) thereof, extended Decision 2011/72 until 31 January 2017. Under Article 1(2) thereof, the annex to that decision replaces the Annex to Decision 2011/72. The applicant’s name appears on line 28 of the new annex. The wording of the grounds for the applicant’s listing is identical to that communicated to him by the Council in its letter of 18 December 2015. As the Council indicated to the applicant in its letter of 29 January 2016, the new wording is based on

• Judgment of the General Court (Fifth Chamber) 5 October 2017 Judgment · Grade B

  On 25 January 2016, on the basis of Article 86 of the Rules of Procedure of the General Court, the applicant submitted an initial statement of modification, seeking to extend the form of order sought in the application to the Council’s decision of 16 November 2015, by which the latter rejected his request of 29 May 2015 for the removal of his name from the Annex to Decision 2011/72. On 4 April 2016, the applicant lodged a second statement of modification, seeking an extension of the form of order sought in the application to Decision 2016/119.

• Judgment of the General Court (Fifth Chamber) 5 October 2017 Judgment · Grade B

  The applicant claims that the Court should: annul Decision 2015/157, in so far as it concerns the applicant, the Council’s decision of 16 November 2015, by which the Council rejected the applicant’s request of 29 May 2015 to remove him from the Annex to Decision 2011/72, and Decision 2016/119, in so far as that decision concerns the applicant; order the Council to pay the costs.

• Judgment of the General Court (Fifth Chamber) 5 October 2017 Judgment · Grade B

  In the second statement of modification, which concerns Decision 2016/119, the applicant raises, in essence, five pleas. Those pleas allege: (i) infringement of the presumption of innocence and the principle of good administration; (ii) that there is no sufficiently solid factual basis for the measures at issue; (iii) that that decision has become devoid of purpose; (iv) infringement of the principle that proceedings must be concluded within a reasonable time; and (v) that the Council’s interference with the applicant’s right to property was manifestly disproportionate.

• Judgment of the General Court (Fifth Chamber) 5 October 2017 Judgment · Grade B

  As a preliminary point, it should be noted that, as indicated in paragraph 16 above, Decision 2016/119 extended the application of Decision 2011/72 until 31 January 2017 and amended the grounds for the inclusion of the applicant in the annex to that decision, on the basis of the attestation of the Tunisian authorities of 20 October 2015, as referred to in paragraph 16 above. That amendment consisted in replacing the reference to the offence of complicity in exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person wi

• Judgment of the General Court (Fifth Chamber) 5 October 2017 Judgment · Grade B

  It is clear that the Court’s reasoning in paragraphs 107 to 112 and 118 above in its examination of the third part of the second plea in the application is applicable in this instance. First, the Council’s press release of 31 January 2011, referred to in paragraph 103 above, is a separate act from Decision 2011/72 and from Decision 2016/119 and was not prepared in connection with the adoption of those decisions. The applicant, who does not dispute that those two decisions do not, of themselves, infringe the presumption of innocence, cannot therefore properly allege that the press release is vi

• Judgment of the General Court (Fifth Chamber) 5 October 2017 Judgment · Grade B

  As a consequence, even if the statements in the press release of Transparency International referred to in paragraph 177 above had infringed the applicant’s right to respect for the presumption of innocence, such an infringement could not be imputed to the Council’s press release of 31 January 2011 mentioned above or, in any event, affect the legality of Decision 2016/119.

• Judgment of the General Court (Fifth Chamber) 5 October 2017 Judgment · Grade B

  As a preliminary point, it should be noted that the first part of the second plea is based on a new complaint not made in application, in particular in the first plea thereof. Moreover, that plea cannot be regarded as amplifying one of the complaints previously made in that plea (see judgment of 15 March 2006, Italy v Commission, T‑226/04, EU:T:2006:85; paragraphs 64 and 65 and the case-laws cited). However, the applicant is entitled to submit that complaint for the first time, in connection with the modification of the first plea, in the light of the new grounds for his inclusion introduced b

• Judgment of the General Court (Fifth Chamber) 5 October 2017 Judgment · Grade B

  In the first place, the applicant contends that there are differences between the attestation of the Tunisian authorities of 20 October 2015 and the grounds for his inclusion in the Annex to Decision 2011/72, as amended by Decision 2016/119, as regards the nature of the criminal offences mentioned and that there is a lack of sufficient detail concerning those alleged offences and the concrete evidence to substantiate them.

• Judgment of the General Court (Fifth Chamber) 5 October 2017 Judgment · Grade B

  In that regard it should be noted that, while the grounds for the inclusion of the applicant in the Annex to Decision 2011/72, as amended by Decision 2016/119, which were adopted by the Council set out the criminal offences to which the ongoing judicial investigation concerning the applicant in Tunisia relates more concisely than the attestation of the Tunisian authorities in question, there is no significant difference between those grounds and that attestation. Moreover, the Council cannot be expected to reproduce, in the grounds for the inclusion of the applicant, the evidence on which thos

• Judgment of the General Court (Fifth Chamber) 5 October 2017 Judgment · Grade B

  Equally of no consequence is the allegedly incorrect description of the former President of the Tunisian Republic as a public office-holder. It is sufficient to note that neither the attestation referred to in paragraph 16 above nor the grounds for the inclusion of the applicant in the Annex to Decision 2011/72, as amended by Decision 2016/119, refer to that person. Furthermore, as the duties performed in that capacity by that person may involve the management of State funds, they may, in any event, be assimilated to the duties performed by a public office-holder, for the purpose of establishi

• Judgment of the General Court (Fifth Chamber) 5 October 2017 Judgment · Grade B

  In the third place, the applicant is of the view that, notwithstanding the new evidence produced by the Council before adopting Decision 2016/119, in particular the document of 18 January 2016 bearing the reference MD 7/16 EXT 1 RELEX enclosed with the Council’s letter of 29 January 2016, that institution does not have and has never had in its possession evidence capable of substantiating the allegations made in his regard. The applicant states in particular, with regard to that document, that the reference it contains to international letters rogatory does not display any of the precision nec

• Judgment of the General Court (Fifth Chamber) 5 October 2017 Judgment · Grade B

  It should be noted in that regard, first, that the applicant cannot validly claim, with regard to Decision 2016/119, that, until document MD 7/16 EXT 1 RELEX of 18 January 2016 was produced, the Council did not have any evidence concerning his involvement in the offences to which the judicial investigations concerning him in Tunisia relate. As indicated in paragraph 61 above, the lawfulness of an EU measure is to be assessed on the basis of the facts and the law as they stood at the time when the measure was adopted. Consequently, it is in the light of the evidence held by the Council at the t

• Judgment of the General Court (Fifth Chamber) 5 October 2017 Judgment · Grade B

  However, those factors cannot alter the lawfulness of Decision 2016/119. Indeed, they raise questions of Tunisian procedural law on which only the Tunisian courts can adjudicate, if needs be, in a new action by the applicants to set aside that decision by the investigating magistrate. Moreover, the explanations provided by the Tunisian authorities in the aforementioned note, in response to the Council’s requests for clarification, confirm that the handling by the Tunisian authorities of the separation of the applicant’s case was based on purely legal considerations and disclosed nothing to giv

• Judgment of the General Court (Fifth Chamber) 5 October 2017 Judgment · Grade B

  Furthermore, the fact that the applicant does not himself have any family connections with the wife of the former President of the Tunisian Republic is irrelevant in this case. The applicant is included in the Annex to Decision 2011/72, as amended by Decision 2016/119, not on account of any such family connection but on account of a judicial investigation on the part of the Tunisian authorities concerning his personal involvement in acts which may be classified as misappropriation of State funds.

• Judgment of the General Court (Fifth Chamber) 5 October 2017 Judgment · Grade B

  First, the background to the present case is characterised by an ongoing judicial investigations concerning the applicant, established by attestations from the court within which those the investigations are being conducted, which specify in detail the references of the case at issue and the precise nature of the criminal offences to which those investigations relate, as well as the degree of the applicant’s alleged involvement in those offences. Accordingly, contrary to what the applicant maintains, the restrictive measures directed at him are based on concrete factual evidence relating to of