Notices for publication in the OJ nº T-231/15 of The General Court, April 21, 2017

Resolution DateApril 21, 2017
Issuing OrganizationThe General Court
Decision NumberT-231/15

Judgment of the General Court of 22 March 2017 - Haswani v Council

(Case T-231/15) 1

(Common Foreign and Security Policy - Restrictive measures taken against Syria - Freezing of funds - Modification of the application - Obligation to state reasons -Rights of the defence - Error of assessment - Proportionality - Non-contractual liability)

Language of the case: French

Parties

Applicant: George Haswani (Yabroud, Syria) (represented by: G. Karouni, lawyer)

Defendant: Council of the European Union (represented initially by G. Étienne and S. Kyriakopoulou, then by S. Kyriakopoulou, Agents)

Intervener in support of the defendant: European Commission (represented by: L. Havas and R. Tricot, Agents)

Re:

First, application based on Article 263 TFEU and seeking the annulment of Council Implementing Decision (PESC) 2015/383 of 6 March 2015, implementing Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2015, L 64, p. 41), of Council Implementing Regulation (EU) 2015/375 of 6 March 2015 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2015, L 64, p. 10), of Decision (CFSP) 2015/837 of 28 May 2015 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2015 L 132, p. 82), of Council Implementing Regulation (EU) No 2015/828 of 28 May 2015 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (JO 2015, L 132, p. 3), of Council Decision (CFSP) 2016/850 of 27 May 2016 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2016, L 141, p. 125), and of Council Implementing Regulation (EU) No 2016/840 of 27 May 2016 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2016, L 141, p. 30), in so far as those acts concern the applicant, and, secondly, application based on Article 268 TFEU and seeking compensation in respect of the harm allegedly suffered by the applicant on account of those acts.

Operative part of the judgment

The Court:

Dismisses the action for annulment of Council Decision (CFSP) 2016/850 of 27 May 2016 amending Decision 2013/255/CFSP concerning restrictive measures against Syria, and of Council Implementing Regulation (EU) No 2016/840 of 27 May 2016 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria, as being inadmissible.

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