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Document 62018TN0245

    Case T-245/18: Action brought on 16 April 2018 — Benavides Torres v Council

    OJ C 200, 11.6.2018, p. 47–48 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    201805250481897162018/C 200/602452018TC20020180611EN01ENINFO_JUDICIAL20180416474821

    Case T-245/18: Action brought on 16 April 2018 — Benavides Torres v Council

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    C2002018EN4710120180416EN0060471482

    Action brought on 16 April 2018 — Benavides Torres v Council

    (Case T-245/18)

    2018/C 200/60Language of the case: English

    Parties

    Applicant: Antonio José Benavides Torres (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) 2018/90 of 22 January 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela and Council Implementing Regulation (EU) 2018/88 of 22 January 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela, in so far as their provisions concern the applicant; and

    —

    order the Council to bear 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 Council infringed the principle of sound administration and breached his rights of defense and to effective judicial protection by failing to provide access to the evidence allegedly supporting his listing within a reasonable period of time.

    2.

    Second plea in law, alleging that the Council committed a manifest error of assessment since it failed to demonstrate that the applicant, in his role as General Commander of the Bolivarian National Guard, is responsible for serious human rights violations allegedly committed by the Bolivarian National Guard and undermined the rule of law in Venezuela.
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