# C_2023296EN.01004201.xml

| 21.8.2023 | EN | Official Journal of the European Union | C 296/42 |
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21.8.2023

EN

Official Journal of the European Union

C 296/42

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Action brought on 5 July 2023 — Al-Assad v Council

(Case T-370/23)

(2023/C 296/47)

Language of the case: French

Parties

Applicant: Samer Kamal Al-Assad (Qardaha, Syria) (represented by: W. Woll, lawyer)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:

| — | annul Implementing Regulation (EU) 2023/844 (1) which adds the applicant’s name to Annex II to Regulation (EU) No 36/201; |
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annul Implementing Regulation (EU) 2023/844 (1) which adds the applicant’s name to Annex II to Regulation (EU) No 36/201;

| — | annul Implementing Decision (CFSP) 2023/847 (2) which adds the applicant’s name to Annex I to Decision 2013/255/PESC; |
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annul Implementing Decision (CFSP) 2023/847 (2) which adds the applicant’s name to Annex I to Decision 2013/255/PESC;

| — | order the European Union to pay the costs. |
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order the European Union to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.

| 1. | First plea in law, alleging an error of assessment. The applicant maintains, first, that his membership of the Assad family is not sufficiently established and, second, that he is not involved in any drug trafficking. In addition, he puts forward a plea of illegality of Article 27(2)(b) and Article 28(2)(b) of Decision 2013/255/CFSP. |
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1.

First plea in law, alleging an error of assessment. The applicant maintains, first, that his membership of the Assad family is not sufficiently established and, second, that he is not involved in any drug trafficking. In addition, he puts forward a plea of illegality of Article 27(2)(b) and Article 28(2)(b) of Decision 2013/255/CFSP.

| 2. | Second plea in law, alleging a violation of the right to an effective remedy. The applicant invokes in this respect the obligation to hold court proceedings to punish serious offenses and the impossibility for the Council to punish him for drug trafficking. |
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2.

Second plea in law, alleging a violation of the right to an effective remedy. The applicant invokes in this respect the obligation to hold court proceedings to punish serious offenses and the impossibility for the Council to punish him for drug trafficking.

| 3. | Third plea in law, alleging damage to the applicant’s reputation. |
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3.

Third plea in law, alleging damage to the applicant’s reputation.

| 4. | Fourth plea in law, alleging infringement of the right to property. |
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4.

Fourth plea in law, alleging infringement of the right to property.

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(1)  Council Implementing Regulation (EU) 2023/844 of 24 April 2023 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2023 L 109 I, p. 1).

(2)  Council Implementing Decision (CFSP) 2023/847 of 24 April 2023 implementing Decision 2013/255/CFSP concerning restrictive measures in view of the situation in Syria (OJ 2023 L 109 I, p. 26).

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