Case T-667/17: Judgment of the General Court of 31 January 2019 — Alkarim for Trade and Industry v Council (Common Foreign and Security Policy — Restrictive measures adopted against Syria — Freezing of funds — Error of assessment — Temporal adjustment of the effects of an annulment)
Date: 2019-01-31
Institutions: General Court
Subjects: Syria, conglomerate, economic sanctions, international sanctions, legal person, ownership, principle of proportionality, small and medium-sized enterprises








C_2019103EN.01003302.xml










18.3.2019   


EN


Official Journal of the European Union


C 103/33






Judgment of the General Court of 31 January 2019 — Alkarim for Trade and Industry v Council
(Case T-667/17) (1)

((Common Foreign and Security Policy - Restrictive measures adopted against Syria - Freezing of funds - Error of assessment - Temporal adjustment of the effects of an annulment))
(2019/C 103/43)
Language of the case: French

Parties


Applicant: Alkarim for Trade and Industry LLC (Tal Kurdi, Syria) (represented by: J.-P. Buyle and L. Cloquet, lawyers)

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

Re:

Application on the basis of Article 263 TFEU seeking the annulment of Council Implementing Decision (CFSP) 2017/1245 of 10 July 2017 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2017 L 178, p. 13), of Council Implementing Regulation (EU) 2017/1241 of 10 July 2017 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2017 L 178, p. 1), 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) No 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:






1.


Annuls Council Implementing Decision (CFSP) 2017/1245 of 10 July 2017 implementing 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) 2017/1241 of 10 July 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 No 36/2012 concerning restrictive measures in view of the situation in Syria, in so far as they relate to Alkarim for Trade and Industry LLC;










2.


Orders that the effects of Implementing Decision 2017/1245 and Decision 2018/778 be maintained with regard to Alkarim for Trade and Industry 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 Alkarim for Trade and Industry.






(1)  OJ C 437, 18.12.2017.