Case T-414/24: Action brought on 7 August 2024 – Foz v Council
Date: 2024-08-07
Institutions: General Court
Subjects: EU restrictive measure, Syria, case-law (EU), damages, economic sanctions, international sanctions, natural person, proof








C_202405647EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/5647


30.9.2024






Action brought on 7 August 2024 – Foz v Council


(Case T-414/24)

(C/2024/5647)
Language of the case: English

Parties


Applicant: Amer Foz (Dubai, United Arab Emirates) (represented by: L. Cloquet, lawyer)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


annul Council Decision (CFSP) 2024/1510 of 27 May 2024 amending Decision 2013/255/CFSP concerning restrictive measures in view of the situation in Syria, (1) as far as it applies to the applicant;










—


annul Council Implementing Regulation (EU) 2024/1517 of 27 May 2024 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria, (2) as far as it applies to the applicant;










—


order the compensation of the applicant for the financial and moral damages sustained by him because of the contested acts, and










—


order the Council to pay full costs and expenses of the proceedings, including those incurred by the applicant.





Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.






1.


First plea in law, alleging manifest error in assessing the facts committed by the Council by relying on outdated evidence and violation by the Council of the rules governing the production of evidence.










2.


Second plea in law, alleging violation, by the Council, of (i) Articles 27 and 28 in fine of Council Decision 2013/255/CFSP, (3) as amended by Decision 2015/1836 and of Article 15 of Regulation No 36/2012, (4) as amended by Regulation 2015/1828 and (ii) of the concept of ‘association with a sanctioned person’ as defined by the case-law of the General Court and of the Court of Justice.










3.


Third plea in law, alleging violation by the Council of the judgement of the General Court, dated 18 May 2022 in Case T-296/20, (5) by not deleting, in the unchanged statement of reasons supposed to support the restrictive measures renewed in 2022, 2023 and in the contested acts, the reference to the commercial projects in the Adra al-Ummaliyya area (Damascus suburbs).






(1)  Council Decision (CFSP) 2024/1510 of 27 May 2024 amending Decision 2013/255/CFSP concerning restrictive measures in view of the situation in Syria (OJ L, 2024/1510).

(2)  Council Implementing Regulation (EU) 2024/1517 of 27 May 2024 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ L, 2024/1517).

(3)  Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (OJ 2013 L 147, p. 14).

(4)  Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011 (OJ 2012 L 16, p. 1).

(5)  Judgment of 18 May 2022, Foz v Council, T-296/20, EU:T:2022:298.


ELI: http://data.europa.eu/eli/C/2024/5647/oj
ISSN 1977-091X (electronic edition)