Comunicazioni sulla GU nº T-506/17 of Tribunal General de la Unión Europea, September 29, 2017
Resolution Date | September 29, 2017 |
Issuing Organization | Tribunal General de la Unión Europea |
Decision Number | T-506/17 |
Ricorso proposto l’8 agosto 2017 - Makhlouf / Consiglio
(Causa T-506/17)
Lingua processuale: il francese
Parti
Ricorrente: Rami Makhlouf (Damasco, Siria) (rappresentante: E. Ruchat, avvocato)
Convenuto: Consiglio dell’Unione europea
Conclusioni
Il ricorrente chiede che il Tribunale voglia:
dichiarare il ricorso ricevibile e fondato;
di conseguenza, annullare la decisione (PESC) 2017/917, del 29 maggio 2017, nonché i conseguenti atti di esecuzione, nella parte in cui riguardano il ricorrente;
condannare il Consiglio dell’Unione europea alle spese del procedimento.
Motivi e principali argomenti
A sostegno del ricorso, il ricorrente deduce cinque motivi.
Primo motivo, vertente sul fatto che gli atti impugnati violerebbero i diritti di difesa del ricorrente, segnatamente il suo diritto ad una tutela giurisdizionale effettiva, sancito agli articoli 6 e 13 della Convenzione europea dei diritti dell'uomo (CEDU), all’articolo 215 TFUE e agli articoli 41 e 47 della Carta dei diritti fondamentali dell’Unione europea.
Secondo motivo, vertente sul fatto che il convenuto avrebbe violato l’obbligo di motivazione, in quanto la motivazione fornita non sarebbe conforme all’obbligo che incombe alle istituzioni dell’Unione europea ai sensi dell’articolo 6 della CEDU, nonché degli articoli 296 TFUE e 41 della Carta dei diritti fondamentali dell’Unione europea.
Terzo motivo, vertente su un manifesto errore di valutazione commesso dal Consiglio quanto al coinvolgimento del ricorrente nel finanziamento del regime siriano.
Quarto motivo, vertente sul fatto che gli atti impugnati...
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