Case T-256/19: Judgment of the General Court of 24 November 2021 — Assi v Council (Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Errors of assessment — Proportionality — Right to property — Right to pursue an economic activity — Misuse of powers — Obligation to state reasons — Rights of the defence — Right to a fair trial)
Date: 2021-11-24
Institutions: General Court
Subjects: EU restrictive measure, Syria, abuse of power, economic sanctions, international sanctions, natural person, ownership, principle of proportionality, right to justice, rights of the defence








C_2022037EN.01002502.xml










24.1.2022   


EN


Official Journal of the European Union


C 37/25






Judgment of the General Court of 24 November 2021 — Assi v Council
(Case T-256/19) (1)

(Common foreign and security policy - Restrictive measures adopted against Syria - Freezing of funds - Errors of assessment - Proportionality - Right to property - Right to pursue an economic activity - Misuse of powers - Obligation to state reasons - Rights of the defence - Right to a fair trial)
(2022/C 37/34)
Language of the case: English

Parties


Applicant: Bashar Assi (Damascus, Syria) (represented by: L. Cloquet, lawyer)

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

Re:

Application under Article 263 TFEU for annulment of Council Implementing Decision (CFSP) 2019/87 of 21 January 2019 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2019 L 18 I, p. 13), of 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 2019 L 18 I, p. 4), of Council Decision (CFSP) 2019/806 of 17 May 2019 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2019 L 132, p. 36), of Council Implementing Regulation (EU) 2019/798 of 17 May 2019 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2019 L 132, p. 1), of Council Decision (CFSP) 2020/719 of 28 May 2020 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2020 L 168, p. 66), and of Council Implementing Regulation (EU) 2020/716 of 28 May 2020 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2020 L 168, p. 1) in so far as those acts concern the applicant.

Operative part of the judgment

The Court:






1.


Annuls Council Decision (CFSP) 2020/719 of 28 May 2020 amending Decision 2013/255/CFSP concerning restrictive measures against Syria and Council Implementing Regulation (EU) 2020/716 of 28 May 2020 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria in so far as they concern Mr Bashar Assi;










2.


Dismisses the action as to the remainder;










3.


Orders the Council of the European Union to bear its own costs and to pay half of those of Mr Assi;










4.


Orders Mr Assi to bear half of his own costs.






(1)  OJ C 246, 22.7.2019.