Case T-209/22: Judgment of the General Court of 17 July 2024 – Makhlouf v Council (Common foreign and security policy – Restrictive measures taken in view of the situation in Syria – Freezing of funds and economic resources – Restriction on entry into the territory of the Member States – List of persons, entities and bodies subject to the freezing of funds and economic resources or subject to restrictions on entry into the territory of the Member States – Inclusion and maintenance of the applicant’s name on the list – Heir of a person already subject to restrictive measures – Rights of the defence – Error of assessment – Non-contractual liability)
Date: 2024-07-17
Institutions: General Court
Subjects: EU restrictive measure, Syria, damages, economic sanctions, freezing of assets, inheritance, international sanctions, natural person, principle of proportionality, rights of the defence








C_202405317EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/5317


9.9.2024






Judgment of the General Court of 17 July 2024 – Makhlouf v Council


(Case T-209/22)
                (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in Syria - Freezing of funds and economic resources - Restriction on entry into the territory of the Member States - List of persons, entities and bodies subject to the freezing of funds and economic resources or subject to restrictions on entry into the territory of the Member States - Inclusion and maintenance of the applicant’s name on the list - Heir of a person already subject to restrictive measures - Rights of the defence - Error of assessment - Non-contractual liability)
(C/2024/5317)
Language of the case: French

Parties


Applicant: Shahla Makhlouf (Fairfax, Virginia, United States) (represented by: G. Karouni and E. Assogba, lawyers)

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

Re:

By her action, the applicant seeks, first, under Article 263 TFEU, the annulment of (i) Council Implementing Decision (CFSP) 2022/242 of 21 February 2022 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2022 L 40, p. 26) and Council Implementing Regulation (EU) 2022/237 of 21 February 2022 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2022 L 40, p. 6) and (ii) Council Decision (CFSP) 2023/1035 of 25 May 2023 amending Decision 2013/255/CFSP concerning restrictive measures in view of the situation in Syria (OJ 2023 L 139, p. 49) and Council Implementing Regulation (EU) 2023/1027 of 25 May 2023 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2023 L 139, p. 1), in so far as those acts concern the applicant; and, second, under Article 268 TFEU, compensation in respect of the harm that she claims to have suffered as a result of the adoption of the contested acts.

Operative part of the judgment

The Court:






1.


Annuls Council Implementing Decision (CFSP) 2022/242 of 21 February 2022 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria and Council Implementing Regulation (EU) 2022/237 of 21 February 2022 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria, in so far as they concern Ms Shahla Makhlouf;










2.


Annuls Council Decision (CFSP) 2023/1035 of 25 May 2023 amending Decision 2013/255/CFSP concerning restrictive measures in view of the situation in Syria and Council Implementing Regulation (EU) 2023/1027 of 25 May 2023 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria, in so far as they concern Ms Makhlouf;










3.


Dismisses the action as to the remainder;










4.


Orders the Council of the European Union to pay the costs.






(1)  
            OJ C 237, 20.6.2022.


ELI: http://data.europa.eu/eli/C/2024/5317/oj
ISSN 1977-091X (electronic edition)