This document is an excerpt from the EUR-Lex website
Document 62017TN0742
Case T-742/17: Action brought on 9 November 2017 — Kim and Others v Council
Case T-742/17: Action brought on 9 November 2017 — Kim and Others v Council
Case T-742/17: Action brought on 9 November 2017 — Kim and Others v Council
OJ C 13, 15.1.2018, p. 28–29
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
15.1.2018 |
EN |
Official Journal of the European Union |
C 13/28 |
Action brought on 9 November 2017 — Kim and Others v Council
(Case T-742/17)
(2018/C 013/43)
Language of the case: English
Parties
Applicants: Il-Su Kim (Pyongyang, North Korea), Song-Sam Kang (Hamburg, Germany), Chun-Sik Choe (Pyongyang), Kyu-Nam Sin (Pyongyang) and Chun-San Pak (Pyongyang) (represented by: M. Lester, QC, S. Midwinter, QC, T. Brentnall and A. Stevenson, solicitors)
Defendant: Council of the European Union
Form of order sought
The applicants claim that the Court should:
— |
annul Council Regulation 2017/1509 of 30 August 2017 concerning restrictive measures against the Democratic People’s Republic of Korea and repealing Regulation (EC) No 329/2007, insofar as it applies to them; |
— |
order the Defendant to pay the applicants’ costs. |
Pleas in law and main arguments
In support of the action, the applicants rely on six pleas in law.
1. |
First plea in law, alleging that the Defendant has failed to give adequate or sufficient reasons for including the Applicants. |
2. |
Second plea in law, alleging that the Defendant has manifestly erred in considering that any of the criteria for listing in the contested measures were fulfilled in the Applicants’ case; there is no factual basis for their inclusion. |
3. |
Third plea in law, alleging that the Defendant has breached the Applicants’ right to equal treatment. |
4. |
Fourth plea in law, alleging that the Defendant has breached the Applicants’ rights of defence by failing to provide them with the evidence on which the Defendant relies before re-listing the Applicants. |
5. |
Fifth plea in law, alleging that the Defendant has breached data protection law. |
6. |
Sixth plea in law, alleging that the Defendant has infringed, without justification or proportion, the Applicants’ fundamental rights, including their right to protection of his property, business, and reputation. |