Action brought on 12 April 2019 – Al-Tarazi v Council
(Case T-260/19)
Language of the case: English
Parties
Applicant: Mazen Al-Tarazi (Shuwaikh, Kuwait) (represented by: G. Beck and A. Khan, Barristers, and S. Patel, Solicitor)
Defendant: Council of the European Union
Form of order sought
The applicant claims that the Court should:
declare Article 1 of Council Implementing Regulation (EU) 2019/85 of 21 January 2019 1 and Article 1 of Council Implementing Decision (CFSP) 2019/87 of 21 January 2019 2 inapplicable to the applicant ;
annul, insofar as it concerns the applicant, Council Implementing Regulation 2019/85 and Council implementing Decision 2019/87 ;
declare that the applicant’s name be removed from the Annex (at number 266 thereto) of Council Implementing Regulation 2019/85 and from the Annex (at number 266 thereto) of Council Implementing Decision 2019/87 ; and
order the defendant to pay the costs.
Pleas in law and main arguments
In support of the action, the applicant relies on four pleas in law.
First plea in law, alleging that the defendant has provided insufficient or unsubstantiated reasons for the applicant’s designation.
Second plea in law, alleging that the applicant’s designation is based on a manifest error of assessment of the facts, in so far as the defendant would have failed to adduce evidence of the facts indicated which would underpin or would purportedly underpin the reasoning of the measures taken or in so far as the defendant would have drawn unreasonable inferences from these facts.
Third plea in law, alleging that the applicant’s designation violates the applicant’s right of defence.
Fourth plea in law, alleging that the applicant’s designation violates the applicant’s property rights, freedom to trade and the principle of proportionality.
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1 Council Implementing Regulation (EU) 2019/85 of 21 January 2019 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ L 18I, 21.1.2019, p. 4).
2 Council Implementing Decision (CFSP) 2019/87 of 21 January 2019 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ L 18I, 21.1.2019, p. 13).