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Case T-553/18: Action brought on 19 September 2018 — Rodríguez Gómez/Council
ECLI:EU:UNKNOWN:62018TN0553
62018TN0553
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Valentina R., lawyer
26.11.2018
EN
Official Journal of the European Union
C 427/88
(Case T-553/18)
(2018/C 427/116)
Language of the case: English
Parties
Applicant: Delcy Eloina Rodríguez Gómez (Caracas, Venezuela) (represented by: F. Di Gianni and L. Giuliano, lawyers)
Defendant: Council of the European Union
Form of order sought
The applicant claims that the Court should:
—annul Council Decision (CFSP) 2018/901 of 25 June 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela (1) and Council Implementing Regulation (EU) 2018/899 of 25 June 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela (2), in so far as their provisions concern the applicant; and
—order the Council to pay the costs of the proceedings.
Pleas in law and main arguments
In support of the action, the applicant relies on two pleas in law.
1.First plea in law, alleging that the contested acts are vitiated by a manifest error of assessment and lack of precise and consistent evidence.
—In this regard, the applicant submits that the Council committed a manifest error of assessment concerning the applicant’s functions and roles and did not disclose a body of precise and consistent evidence in support of its claims. The applicant further claims that the Council failed to conduct a proper assessment of the evidence or, at the very least, that such assessment was manifestly erroneous.
2.Second plea in law, alleging that the restrictive measures imposed by the contested acts constitute an unjustified and disproportionate restriction of the applicant’s fundamental right to property.
(1) Council Decision (CFSP) 2018/901 of 25 June 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela (OJ L 160I, 25.6.2018, p. 12).
(2) Council Implementing Regulation (EU) 2018/899 of 25 June 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela (OJ L 160I, 25.6.2018, p. 5).