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Document 62018TN0554

Case T-554/18: Action brought on 19 September 2018 — Hernández Hernández/Council

OJ C 427, 26.11.2018, p. 89–89 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

26.11.2018   

EN

Official Journal of the European Union

C 427/89

Action brought on 19 September 2018 — Hernández Hernández/Council

(Case T-554/18)

(2018/C 427/117)

Language of the case: English

Parties

Applicant: Socorro Elizabeth Hernández Hernández (Caracas, Venezuela) (represented by: F. Di Gianni and L. Giuliano, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:

—

annul Council Decision (CFSP) 2018/901 of 25 June 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela (1) and Council Implementing Regulation (EU) 2018/899 of 25 June 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela (2), in so far as their provisions concern the applicant; and

—

order the Council to pay the costs of the proceedings.

Pleas in law and main arguments

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

1.

First plea in law, alleging that the contested acts are vitiated by a manifest error of assessment and lack of precise and consistent evidence.

—

In this regard, the applicant submits that the Council committed a manifest error of assessment concerning the applicant’s functions and roles and did not disclose a body of precise and consistent evidence in support of its claims. The applicant further claims that the Council failed to conduct a proper assessment of the evidence or, at the very least, that such assessment was manifestly erroneous.

2.

Second plea in law, alleging that the restrictive measures imposed by the contested acts constitute an unjustified and disproportionate restriction of the applicant’s fundamental right to property.

(1)  Council Decision (CFSP) 2018/901 of 25 June 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela (OJ L 160I, 25.6.2018, p. 12).

(2)  Council Implementing Regulation (EU) 2018/899 of 25 June 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela (OJ L 160I, 25.6.2018, p. 5).

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