5.12.2022 |
EN |
Official Journal of the European Union |
C 463/60 |
Action brought on 14 October 2022 — Shammout v Council
(Case T-649/22)
(2022/C 463/88)
Language of the case: English
Parties
Applicant: Issam Shammout (Damascus, Syria) (represented by: L. Cloquet, lawyer)
Defendant: Council of the European Union
Form of order sought
The applicant claims that the Court should:
— |
annul Council Implementing Decision (CFSP) 2022/1277 of 21 July 2022 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria (1), as far as it applies to the applicant, |
— |
annul Council Implementing Regulation (EU) 2022/1275 of 21 July 2022 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (2), as far as it applies to the applicant, |
— |
sentence the Council to bear the full costs and expenses of the proceedings, including those set forth by the applicant. |
Pleas in law and main arguments
In support of the action, the applicant relies on five pleas in law.
1. |
First plea in law, alleging manifest error in assessing the facts. The Council made a manifest error in assessing the facts by considering that the applicant is a ‘leading business person operating in Syria’. |
2. |
Second plea in law, alleging infringement of the general principle of proportionality. |
3. |
Third plea in law, alleging disproportionate infringement of the right of ownership and of exercise of a profession. |
4. |
Fourth plea in law, alleging infringement of the obligation to state reasons provided in Article 296(2) TFEU. |
5. |
Fifth plea in law, alleging infringement of the right of defence and of the right to a fair trial. |
(1) Council Implementing Decision (CFSP) 2022/1277 of 21 July 2022 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2022 L 194, p. 15).
(2) Council Implementing Regulation (EU) 2022/1275 of 21 July 2022 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (JO 2022 L 194, p. 8).