79From that perspective, the decision of the investigating judge of 5 October 2018, which is merely incidental to Case 521, cannot be identified, at least not formally, as being a decision to initiate and conduct an investigation procedure justifying the maintenance of the restrictive measures. That said, it may be accepted that, from a substantive point of view, since it was adopted by a judge, that decision was actually taken into account by the Council as the factual basis justifying the maintenance of the measures at issue. It is therefore necessary to ascertain whether the Council was right to conclude that that decision demonstrated that the applicant’s rights of defence and right to effective judicial protection had been observed.