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Document 62011TN0256
Case T-256/11: Action brought on 20 May 2011 — Ezz and Others/Council
Case T-256/11: Action brought on 20 May 2011 — Ezz and Others/Council
Case T-256/11: Action brought on 20 May 2011 — Ezz and Others/Council
OJ C 204, 9.7.2011, p. 28–28
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
9.7.2011 |
EN |
Official Journal of the European Union |
C 204/28 |
Action brought on 20 May 2011 — Ezz and Others/Council
(Case T-256/11)
2011/C 204/50
Language of the case: English
Parties
Applicants: Ahmed Abdelaziz Ezz (Giza, Egypt), Abla Mohammed Fawzi Ali Ahmed (London, United Kingdom), Khadiga Ahmed Ahmed Kamel Yassin (London, United Kingdom) and Shahinaz Abdel Azizabdel Wahab Al Naggar (Giza, Egypt) (represented by: M. Lester, Barrister, and J. Binns, Solicitor)
Defendant: Council of the European Union
Form of order sought
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Annul Council Decision 2011/172/CFSP of 21 March 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt (OJ 2011 L 76, p. 63) and Council Regulation (EU) No 270/2011 of 21 March 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt (OJ 2011 L 76, p. 4), insofar as they apply to the applicants. |
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Order the defendant to pay the costs. |
Pleas in law and main arguments
By means of their application the applicants seek, pursuant to Article 263 TFEU, the annulment of Council Decision 2011/172/CFSP of 21 March 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt and Council Regulation (EU) No 270/2011 of 21 March 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt, insofar as they apply to the applicants.
In support of the action, the applicants rely on five pleas in law.
1. |
First plea in law, alleging that the criterion for adopting restrictive measures against the applicants, as set out in Article 1 of Council Decision 2011/172/CFSP and in Article 2 of Council Regulation (EU) No 270/2011, is not fulfilled. In addition, it is being alleged that the grounds used by the defendant as justification for the adoption of restrictive measures against the applicants are entirely vague, non-specific, unsubstantiated, unjustified, and insufficient to justify the application of such measures. |
2. |
Second plea in law, alleging that the defendant has violated the applicants’ rights of defence and the right to effective judicial protection, as:
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3. |
Third plea in law, alleging that the defendant has failed to give the applicants sufficient reasons for their inclusion in the contested measures, in violation of its obligation to give a clear statement of the actual and specific reasons justifying its decision, including the specific individual reasons that led it to consider that the applicants were responsible for misappropriating Egyptian State funds. |
4. |
Fourth plea in law, alleging that the defendant has infringed, without justification or proportion, the applicants’ right to property and to reputation, as:
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5. |
Fifth plea in law, alleging that defendant’s inclusion of the applicants in the list of persons against whom restrictive measures will apply is based on a manifest error of assessment. |