CELEX: 62011TN0218
Language: en
Date: 2011-04-21 00:00:00
Title: Case T-218/11: Action brought on 21 April 2011 — Dagher v Council

18.6.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 179/19
            
         Action brought on 21 April 2011 — Dagher v Council
   (Case T-218/11)
   2011/C 179/33
   Language of the case: French
   
      Parties
   
   
      Applicant: Habib Roland Dagher (Abidjan, Côte d’Ivoire) (represented by: J.-Y. Dupeux and F. Dressen, lawyers)
   
      Defendant: Council of the European Union
   
      Form of order sought
   
   The applicant claims that the Court should:
   
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               annul Council Implementing Regulation (EU) No 85/2011 of 31 January 2011, in so far as that act relates to him;
            
         
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               annul Council Decision 2011/71/CFSP of 31 January 2011, in so far as that act relates to him;
            
         
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               order the Council to pay the applicant EUR 40 000 as damages to make good the non-material loss and other damage suffered by the applicant;
            
         
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               order the Council to pay the entirety of the costs.
            
         
      Pleas in law and main arguments
   
   In support of the action, the applicant relies on a single plea divided into three parts and alleging infringement of essential procedural requirements.
   
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               By the first part of the plea, the applicant argues that the procedure followed by the Council was not of an adversarial nature, in so far as the Council failed to provide, as soon as possible after the publication of the contested measures, information permitting the applicant to understand the reasons for the measures taken in his regard and, later refused the applicant’s subsequent requests for information, which meant that the applicant was deprived of his right to exercise usefully any action of an administrative nature seeking to have those measures lifted;
            
         
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               By the second part of the plea, the applicant alleges failure to state reasons, since the grounds set out in the restrictive measures taken against him are unclear and brief, which prevents him from examining the substance of the complaints underlying the sanctions in question;
            
         
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               By the third part of the plea, the applicant claims an infringement of the right to effective judicial protection.