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Case T-336/25: Action brought on 27 May 2025 – Nkubito v Council
Action brought on 27 May 2025 – Nkubito v Council
(Case T-336/25)
(C/2025/4311)
Language of the case: English
Parties
Applicant: Eugene Nkubito (Kigali, Rwanda) (represented by: J Grayston, D. Rovetta, P. Gjørtler and V. Villante, lawyers)
Defendant: Council of the European Union
Form of order sought
The applicant claims that the Court should:
— annul Council Implementing Decision (CFSP) 2025/510;
— annul Council Implementing Regulation (EU) 2025/509 in so far as these acts include the applicant in the list of persons and entities made subject to the restrictive measures; and
— order the Council to bear the costs of the present proceedings.
Pleas in law and main arguments
In support of the action, the applicant relies on five pleas in law.
1. First plea in law, alleging an infringement of the obligation to state reasons as set out in Article 296 TFEU and Article 41(2)(c) of the Charter of Fundamental Rights of the European Union (‘the Charter’), and a breach of the right to effective judicial protection enshrined in article 47 of the Charter.
2. Second plea in law, alleging an error of assessment, a failure to discharge the burden of proof, a breach of the listing criteria in Article 3(2) of Council Decision 2010/788/CFSP and Article 2b of Council Regulation (EC) No 1183/2005.
3. Third plea in law, alleging an absence of legal basis, a lack of application of Article 215 TFEU as the correct legal basis to Implementing Decision 2025/510 and Implementing Regulation 2025/509, and, as a subordinate, a plea of illegality under Article 277 TFEU of the listing criteria under Article 3(2) of Decision 2010/788/CFSP and Article 2b of Regulation No 1183/2005.
4. Fourth plea in law, alleging a breach of Chapter VII and Article 103 of the Charter of the United Nations and a breach of Articles 3(5), 21 and 29 TEU.
5. Fifth plea in law, alleging a breach of essential procedural requirements.