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Case T-203/12: Judgment of the General Court of 3 July 2014 — Alchaar v Council (Common foreign and security policy — Restrictive measures taken against Syria — Entry of an individual on the lists of persons subject to restrictive measures — Links with the regime — Rights of the defence — Right to a fair hearing — Obligation to state reasons — Burden of proof — Right to effective judicial protection — Proportionality — Right to property — Right to privacy)
ECLI:EU:UNKNOWN:62012TA0203
62012TA0203
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25.8.2014
Official Journal of the European Union
C 282/27
(Case T-203/12) (<span class="super">1</span>)
((Common foreign and security policy - Restrictive measures taken against Syria - Entry of an individual on the lists of persons subject to restrictive measures - Links with the regime - Rights of the defence - Right to a fair hearing - Obligation to state reasons - Burden of proof - Right to effective judicial protection - Proportionality - Right to property - Right to privacy))
2014/C 282/35
Language of the case: French
Parties
Applicant: Mohamad Nedal Alchaar (Aleppo, Syria) (represented by: A. Korkmaz, D. Amaudruz and A. Boesch, lawyers)
Defendant: Council of the European Union (represented by: S. Kyriakopoulou and M. Vitsentzatos, acting as Agents)
Intervener in support of the defendant: European Commission (represented by: É. Cujo and S. Pardo Quintillán, acting as Agents)
Re:
Action for partial annulment, first, of Council Decision 2011/782/CFSP of 1 December 2011 concerning restrictive measures against Syria and repealing Decision 2011/273/CFSP (OJ 2011 L 319, p. 56), Council Implementing Regulation (EU) No 1244/2011 of 1 December 2011 implementing Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria (OJ 2011 L 319, p. 8) and 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), in so far as those acts contain restrictive measures concerning the applicant, as well as of all future acts amending that decision or regulation and, secondly, of the Council’s communication of 16 March 2012 informing the applicant that his name was being maintained on the list of persons subject to restrictive measures
Operative part of the judgment
The Court:
1.Annuls Council Implementing Regulation (EU) No 363/2013 of 22 April 2013 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria, in so far as it concerns Mr Mohamad Nedal Alchaar;
2.Dismisses the action as to the remainder;
3.Orders the Council of the European Union to bear its own costs and to pay two thirds of the costs incurred by Mr Alchaar;
4.Orders Mr Alchaar to bear one third of his own costs;
5.Orders the European Commission to bear its own costs.
(<span class="super">1</span>) OJ C 217, 21.7.2012.