# C_2014282EN.01002902.xml

| 25.8.2014 | EN | Official Journal of the European Union | C 282/29 |
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25.8.2014

EN

Official Journal of the European Union

C 282/29

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Judgment of the General Court of 9 July 2014 — Al-Tabbaa v Council

(Cases T-329/12 and T-74/13) (1)

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((Common foreign and security policy - Restrictive measures taken against Syria - Freezing of funds and economic resources - Restrictions on the entry into and transit through the European Union - Rights of defence - Right to an effective judicial remedy - Obligation to state reasons - Error of assessment))

2014/C 282/38

Language of the case: English

Parties

Parties

Applicant: Mazen Al-Tabbaa (Beirut, Lebanon) (represented by: M. Lester, Barrister and G. Martin, Solicitor)

Applicant:

Defendant: Council of the European Union (represented by: S. Kyriakopoulou and V. Piessevaux, acting as Agents)

Defendant:

Re:

Re:

Action for annulment of Council acts containing restrictive measures concerning the applicant, namely, initially, Council Implementing Decision 2012/256/CFSP of 14 May 2012 implementing Council Decision 2011/782/CFSP concerning restrictive measures against Syria (OJ 2012 L 126, p. 9) and Council Implementing Regulation (EU) No 410/2012 of 14 May 2012 implementing Article 32(1) of Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2012 L 126, p. 3).

Operative part of the judgment

Operative part of the judgment

The Court:

| 1) | Annuls Council Implementing Decision 2012/256/CFSP of 14 May 2012 implementing Decision 2011/782/CFSP concerning restrictive measures against Syria and Council Implementing Regulation (EU) No 410/2012 of 14 May 2012 implementing Article 32(1) of Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria, in so far as they concern Mr Mazen Al-Tabbaa. |
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1)

Annuls Council Implementing Decision 2012/256/CFSP of 14 May 2012 implementing Decision 2011/782/CFSP concerning restrictive measures against Syria and Council Implementing Regulation (EU) No 410/2012 of 14 May 2012 implementing Article 32(1) of Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria, in so far as they concern Mr Mazen Al-Tabbaa.

| 2) | Annuls Council Decision 2012/739/CFSP of 29 November 2012 concerning restrictive measures against Syria and repealing Decision 2011/782 and Council Implementing Regulation (EU) No 1117/2012 of 29 November 2012 implementing Article 32(1) of Regulation No 36/2012, in so far as they concern Mr Al-Tabbaa. |
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2)

Annuls Council Decision 2012/739/CFSP of 29 November 2012 concerning restrictive measures against Syria and repealing Decision 2011/782 and Council Implementing Regulation (EU) No 1117/2012 of 29 November 2012 implementing Article 32(1) of Regulation No 36/2012, in so far as they concern Mr Al-Tabbaa.

| 3) | Annuls Council Implementing Regulation (EU) No 363/2013 of 22 April 2013 implementing Regulation No 36/2012 and Council Implementing Decision 2013/185/CFSP of 22 April 2013 implementing Decision 2012/739, in so far as they concern Mr Al-Tabbaa. |
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3)

Annuls Council Implementing Regulation (EU) No 363/2013 of 22 April 2013 implementing Regulation No 36/2012 and Council Implementing Decision 2013/185/CFSP of 22 April 2013 implementing Decision 2012/739, in so far as they concern Mr Al-Tabbaa.

| 4) | Annuls Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria, in so far as it concerns Mr Al-Tabbaa. |
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4)

Annuls Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria, in so far as it concerns Mr Al-Tabbaa.

| 5) | Orders the effects of Decision 2013/255 to be maintained as regards Mr Al-Tabbaa until the annulment in part of Implementing Regulation No 363/2013 implementing Regulation No 36/2012 takes effect. |
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5)

Orders the effects of Decision 2013/255 to be maintained as regards Mr Al-Tabbaa until the annulment in part of Implementing Regulation No 363/2013 implementing Regulation No 36/2012 takes effect.

| 6) | Declares that there is no need to adjudicate on the action in Case T-74/13. |
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6)

Declares that there is no need to adjudicate on the action in Case T-74/13.

| 7) | Orders the Council of the European Union to pay, in addition to its own costs, those incurred by the applicant in Case T-329/12 and three-quarters of the costs incurred by him in Case T-74/13. |
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7)

Orders the Council of the European Union to pay, in addition to its own costs, those incurred by the applicant in Case T-329/12 and three-quarters of the costs incurred by him in Case T-74/13.

| 8) | Orders the applicant to pay one quarter of his costs in Case T-74/13. |
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8)

Orders the applicant to pay one quarter of his costs in Case T-74/13.

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(1)  OJ C 273, 8.9.2012.

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