Notices for publication in the OJ nº T-189/19 of Tribunal General de la Unión Europea, May 17, 2019

• Resolution Date: May 17, 2019
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-189/19

Action brought on 3 April 2019 - Haykal v Council

(Case T-189/19)

Language of the case: Bulgarian

Parties

Applicant: Maen Haykal (Damascus, Syria) (represented by: Stanislav Koev, lawyer)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:

declare the present action to be admissible and well founded in its entirety and declare all the grounds of appeal set out in support of the present appeal to be well founded,

declare that the contested acts may be annulled in part,

annul in part Council Implementing Decision (CFSP) 2019/87 of 21 January 2019 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria, in so far as it concerns Maen Haykal,

annul in part Council Implementing Regulation (EU) 2019/85 of 21 January 2019 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria, in so far as it concerns Maen Haykal, and

order the Council of the European Union to pay all the applicant’s costs, expenses, fees and other expenditure linked to his defence.

Pleas in law and main arguments

In support of the action, the applicant relies on seven pleas in law.

First plea in law, alleging failure on the part of the Council to fulfil its obligation to state reasons - Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), Article 296 of the Treaty on the Functioning of the European Union (TFEU) and Article 41 of the Charter of Fundamental Rights of the European Union.

Second plea in law, alleging infringement of the principle of legality and proportionality of criminal offences and penalties - Article 49 of the Charter of...