28.1.2012 |
EN |
Official Journal of the European Union |
C 25/54 |
Action brought on 4 November 2011 — Hassan v Council
(Case T-572/11)
(2012/C 25/106)
Language of the case: French
Parties
Applicant: Samir Hassan (Damas, Syria) (represented by: E. Morgan de Rivery and E. Lagathu, lawyers)
Defendant: Council of the European Union
Form of order sought
— |
Annul, on the basis of Article 263 of the Treaty on the Functioning of the European Union (TFEU):
|
— |
Compensate Mr Hassan, on the basis of Articles 268 and 340 TFEU, for the loss caused to him by the adoption against him of the restrictive measures referred to above, as follows:
|
— |
In any event, order the Council of the European Union to pay all the costs. |
Pleas in law and main arguments
In support of the action, the applicant relies on seven pleas in law.
1. |
First plea in law, alleging a manifest error by the Council in its assessment of the facts and an error in law resulting therefrom. |
2. |
Second plea in law, alleging infringement of the duty to state reasons, of the rights of the defence and of the right to effective legal protection. |
3. |
Third plea in law, alleging infringement of the right to property and the principle of proportionality. |
4. |
Fourth plea in law, alleging infringement of the presumption of the applicant’s innocence. |
5. |
Fifth plea in law, alleging infringement by the Council of its own guidelines on the implementation and evaluation of restrictive measures in the context of common foreign and security policy. |
6. |
Sixth plea in law, alleging a misuse of power by the Council. |
7. |
Seventh plea in law, claiming compensation for the loss caused by the unlawful measures adopted by the Council. |