Judgment_paragraph 93 · Johannes Tomana and Others v Council of the European Union and European Commission (T-190/12)

93It must be observed that it is clear from a reading of Article 21 TEU in conjunction with Article 29 TEU, the wording of which articles is stated in paragraphs 78 and 76 respectively above, that the adoption of measures intended to advance, in the rest of the world and, consequently, in Zimbabwe, democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, may be the subject of a decision based on Article 29 TEU (see, to that effect, the judgment of 28 May 2013 in Case T‑200/11 Al Matri v Council, paragraph 46). In their arguments, as summarised above, the applicants do not in a general sense dispute that conclusion, but claim solely that restrictive measures, such as those at issue in this case, imposed on persons or entities solely on the basis of their conduct, alleged to constitute either a crime or serious misconduct, cannot qualify as measures which may be adopted on the basis of Article 29 TEU. The applicants further maintain that such conduct may, at most, be covered by measures adopted on the basis of provisions relating to judicial cooperation in criminal matters, which is the subject of Articles 82 TFEU to 86 TFEU.