On 5 March 2015 the CJEU handed down its judgment in the appeal brought by Ezz following the General Court's refusal to annul his sanctions listing.
Ezz and three of his wives were listed on the following grounds: "[p]erson subject to judicial proceedings by the Egyptian authorities in respect of the misappropriation of State Funds on the basis of the United Nations Convention against corruption".
The main findings of the CJEU were as follows:
- The disputed sanctions instruments had as their objective to assist the Egyptian authorities in their fight against the misappropriation of State funds. As such, the English-language version of the disputed Decision was more consonant with its objective. The English version did not require a criminal conviction for misappropriation of state assets before an individual could be listed, by contrast with other language versions, which did contain such a requirement (for example the French version).
- The General Court had been correct in using the English version and consequently construing the listing criterion “responsible for misappropriating State funds” as not requiring a criminal conviction.
- Pursuant to the English version, persons could be listed on the following grounds: persons having been identified as responsible for misappropriation of State funds and those associated with them; persons being prosecuted for misappropriation of Egyptian State funds; persons the subject of judicial proceedings connected to criminal proceedings for misappropriation of Egyptian State funds; persons associated with the individuals the subject of those criminal proceedings.
- The other grounds for appeal were also rejected. The appeal was therefore dismissed, and the listing of the appellants remains in place.
