CELEX: 62019TN0055
Language: en
Date: 2019-01-30 00:00:00
Title: Case T-55/19: Action brought on 30 January 2019 — Cham Holding and Bena Properties v Council

15.4.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 139/60
            
         
      Action brought on 30 January 2019 — Cham Holding and Bena Properties v Council
      (Case T-55/19)
      (2019/C 139/62)
      Language of the case: French
      
         Parties
      
      
         Applicants: Cham Holding Co. SA (Damascus, Syria) and Bena Properties Co. SA (Damascus, Syria) (represented by: E. Ruchat, lawyer)
      
         Defendant: Council of the European Union
      
         Form of order sought
      
      The applicants claim that the General Court should:
      
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                  Declare the applicants’ action admissible and well founded;
               
            
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                  Accordingly, order the European Union to pay compensation in respect of all of the harm suffered by the applicants, in the amount determined, in equity, by the General Court;
               
            
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                  In the alternative, order the appointment of an expert with a view to establishing the scale of the harm suffered by the applicants;
               
            
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                  Order the Council of the European Union to pay the costs of the proceedings.
               
            
         Pleas in law and main arguments
      
      In support of the action, the applicants rely on one main plea in law and a plea in the alternative, alleging harm suffered by the applicants for which liability rests with the Council of the European Union.
      The main plea alleges that the disputed restrictive measures, namely Council Decision (CFSP) 2018/778 of 28 May 2018 amending Decision 2013/255/CFSP concerning restrictive measures against Syria and its subsequent implementing acts, are unlawful. First, it is claimed that those measures infringe the obligation to state reasons as provided in Article 296 TFEU and Article 41 of the Charter of Fundamental Freedoms of the European Union; and, second, that they infringe the applicants’ right to property and their right to respect for their reputation. It is claimed that that infringement has directly caused significant non-material and material harm to the applicants consisting, respectively, in (i) damage to their reputation and (ii) breach of contract, loss of equipment and loss of revenue, in respect of which they are entitled to compensation.
      The plea in the alternative alleges the existence of a system of strict liability under EU law.