Case T-231/15: Judgment of the General Court of 22 March 2017 — Haswani v Council (Common Foreign and Security Policy — Restrictive measures taken against Syria — Freezing of funds — Modification of the application — Obligation to state reasons — Rights of the defence — Error of assessment — Proportionality — Non-contractual liability)
Date: 2017-03-22
Institutions: General Court
Subjects: Syria, common foreign and security policy, economic sanctions, indemnification, international sanctions, natural person, principle of proportionality, rights of the defence, trade restriction








C_2017144EN.01003501.xml










8.5.2017   


EN


Official Journal of the European Union


C 144/35





Judgment of the General Court of 22 March 2017 — Haswani v Council
(Case T-231/15) (1)

((Common Foreign and Security Policy - Restrictive measures taken against Syria - Freezing of funds - Modification of the application - Obligation to state reasons - Rights of the defence - Error of assessment - Proportionality - Non-contractual liability))
(2017/C 144/46)
Language of the case: French

Parties


Applicant: George Haswani (Yabroud, Syria) (represented by: G. Karouni, lawyer)

Defendant: Council of the European Union (represented initially by G. Étienne and S. Kyriakopoulou, then by S. Kyriakopoulou, Agents)

Intervener in support of the defendant: European Commission (represented by: L. Havas and R. Tricot, Agents)

Re:

First, application based on Article 263 TFEU and seeking the annulment of Council Implementing Decision (PESC) 2015/383 of 6 March 2015, implementing Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2015, L 64, p. 41), of Council Implementing Regulation (EU) 2015/375 of 6 March 2015 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2015, L 64, p. 10), of Decision (CFSP) 2015/837 of 28 May 2015 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2015 L 132, p. 82), of Council Implementing Regulation (EU) No 2015/828 of 28 May 2015 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (JO 2015, L 132, p. 3), of Council Decision (CFSP) 2016/850 of 27 May 2016 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2016, L 141, p. 125), and of Council Implementing Regulation (EU) No 2016/840 of 27 May 2016 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2016, L 141, p. 30), in so far as those acts concern the applicant, and, secondly, application based on Article 268 TFEU and seeking compensation in respect of the harm allegedly suffered by the applicant on account of those acts.

Operative part of the judgment

The Court:






1.


Dismisses the action for annulment of Council Decision (CFSP) 2016/850 of 27 May 2016 amending Decision 2013/255/CFSP concerning restrictive measures against Syria, and of Council Implementing Regulation (EU) No 2016/840 of 27 May 2016 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria, as being inadmissible.










2.


Annuls, in so far as they concern Mr George Haswani, Council Implementing Decision (PESC) 2015/383 of 6 March 2015, implementing Decision 2013/255/CFSP concerning restrictive measures against Syria, Council Implementing Regulation (EU) 2015/375 of 6 March 2015 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria, Decision (CFSP) 2015/837 of 28 May 2015 amending Decision 2013/255/CFSP concerning restrictive measures against Syria and Council Implementing Regulation (EU) No 2015/828 of 28 May 2015 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria.










3.


Dismisses the claim for damages brought by Mr Haswani.










4.


Orders the Council of the European Union to pay, in addition to its own costs incurred in connection with the applications for annulment of Implementing Decision 2015/383, Implementing Regulation 2015/375, Decision 2015/837 and Implementing Regulation 2015/828 brought by Mr Haswani, one third of those costs incurred by Mr Haswani with regard to those applications.










5.


Orders Mr Haswani to pay, in addition to his own costs incurred in connection with the applications for annulment of Decision 2016/850 and Implementing Regulation 2016/840 and in connection with his claim for damages, two thirds of the costs incurred by the Council with regard to those applications.










6.


Orders the European Commission to pay its own costs.






(1)  OJ C 213, 29.6.2015.