This document is an excerpt from the EUR-Lex website
Document 62014TN0830
Case T-830/14: Action brought on 29 December 2014 — Farahat v Council
Case T-830/14: Action brought on 29 December 2014 — Farahat v Council
Case T-830/14: Action brought on 29 December 2014 — Farahat v Council
OJ C 96, 23.3.2015, p. 22–23
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
23.3.2015 |
EN |
Official Journal of the European Union |
C 96/22 |
Action brought on 29 December 2014 — Farahat v Council
(Case T-830/14)
(2015/C 096/28)
Language of the case: English
Parties
Applicant: Mohamed Farahat (Cairo, Egypt) (represented by: P. Saini, QC, B. Kennelly, Barrister, and N. Sheikh, Solicitor)
Defendant: Council of the European Union
Form of order sought
The applicant claims that the Court should:
— |
annul Council Implementing Decision (EU) No 2014/730/CFSP of 20 October 2014 (1) implementing Decision 2013/255/CFSP concerning restrictive measure against Syria and Council Implementing Regulation (EU) No 1105/2014 of 20 October 2014 (2) implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria insofar as they apply to the applicant; and |
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order the defendant to pay the applicant’s costs. |
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 that the Council has failed to fulfil the ground for inclusion in the Annex of the Decision and Regulation. The applicant submits that:
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2. |
Second plea in law, alleging that the Council has violated the applicant's rights of defence and the right to effective judicial protection given that the contested measures were adopted without including procedural safeguards to ensure that the applicant was given a full statement of reasons and a guarantee that he would be properly heard. |
3. |
Third plea in law, alleging that the Council has failed to give the applicant sufficient reasons for his inclusion. The applicant states that the reason is insufficient to enable him to mount an effective challenge to the allegations made against him, or to enable a court to review the lawfulness of the contested decision. |
4. |
Fourth plea in law, alleging that the Council has infringed the applicant’s fundamental rights to property and reputation. The applicant considers that the Council has not demonstrated that the very significant interference with the applicant’s property rights is justified and proportionate. |
5. |
Fifth plea in law, the Council made a manifest error of assessment in listing the applicant. The applicant contends that:
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(1) Council Implementing Decision 2014/730/CFSP of 20 October 2014 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2014, L 301, p. 36).
(2) Council Implementing Regulation (EU) No 1105/2014 of 20 October 2014 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2014, L 301, p. 7).