Judgment of the General Court of 31 January 2019 — Abdulkarim v Council

(Case T-559/17) (1)

((Common Foreign and Security Policy - Restrictive measures adopted against Syria - Freezing of funds - Error of assessment - Temporal adjustment of the effects of annulment))

(2019/C 103/39)

Language of the case: French

Parties

Applicant: Mouhamad Wael Abdulkarim (Dubai, United Arab Emirates) (represented by: J.-P. Buyle and L. Cloquet, lawyers)

Defendant: Council of the European Union (represented by: initially M. Veiga and I. Pouli, then by I. Pouli and V. Piessevaux, acting as Agents)

Re:

Application on the basis of Article 263 TFEU seeking the annulment of Council Decision (CFSP) 2017/917 of 29 May 2017 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2017 L 139, p. 62), of Council Implementing Regulation (EU) 2017/907 of 29 May 2017 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2017 L 139, p. 15), of Council Decision (CFSP) 2018/778 of 28 May 2018 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2018 L 131, p. 16) and of Council Implementing Regulation (EU) 2018/774 of 28 May 2018 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2018 L 131, p. 1), in so far as those measures relate to the applicant.

Operative part of the judgment

The Court:

Annuls Council Decision (CFSP) 2017/917 of 29 May 2017 amending Decision 2013/255/CFSP concerning restrictive measures against Syria, Council Decision (CFSP) 2018/778 of 28 May 2018 amending Decision 2013/255/CFSP concerning restrictive measures against Syria and Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011, as last amended by Council Implementing Regulation (EU) 2017/907 of 29 May 2017 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria and by Council Implementing Regulation (EU) 2018/774 of 28 May 2018 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria, in so far as they relate to Mr Mouhamad Wael Abdulkarim;

2.	Orders that the effects of Decisions 2017/917 and 2018/778 be maintained with regard to Mr Abdulkarim until the expiry of the period for bringing an appeal or, if an appeal is lodged during that period, until any dismissal of that appeal;

3.	Orders the Council of the European Union to bear its own costs and to pay the costs incurred by Mr Abdulkarim.

(1) OJ C 347, 16.10.2017.