Action brought on 17 January 2019 — Benavides Torres/Council

(Case T-35/19)

(2019/C 93/96)

Language of the case: English

Parties

Applicant: Antonio José Benavides Torres (Caracas, Venezuela) (represented by: L. Giuliano and F. Di Gianni, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:

—	annul Council Decision (CFSP) 2018/1656 (1) and Council Implementing Regulation (EU) 2018/1653, (2) in so far as their provisions concern the applicant; and

—	order the defendant to pay costs.

Pleas in law and main arguments

In support of the action, the applicant relies on one plea in law alleging that the defendant committed a manifest error of assessment in finding that his name should be maintained on the lists set out in Annex I to Council Decision (CFSP) 2017/2074 (3) and Annex IV to Council Regulation (EU) 2017/2063, (4) notwithstanding the fact that he would no longer serve any role within and would not be related to the Venezuelan political or military authorities.

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(1)  Council Decision (CFSP) 2018/1656 of 6 November 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela (OJ L 276, 7.11.2018, p. 10).

(2)  Council Implementing Regulation (EU) 2018/1653 of 6 November 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela (OJ L 276, 7.11.2018, p. 1).

(3)  Council Decision (CFSP) 2017/2074 of 13 November 2017 concerning restrictive measures in view of the situation in Venezuela (OJ L 295, 14.11.2017, p. 60).

(4)  Council Regulation (EU) 2017/2063 of 13 November 2017 concerning restrictive measures in view of the situation in Venezuela (OJ L 295, 14.11.2017, p. 21).