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Case T-408/16: Judgment of the General Court of 19 June 2018 — HX v Council (Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Principle of ne bis in idem — Rights of the defence — Right to a fair trial — Obligation to state reasons — Right to an effective remedy — Manifest error of assessment — Right to property — Proportionality — Right to a normal life — Damage to reputation)

ECLI:EU:UNKNOWN:62016TA0408

62016TA0408

June 19, 2018
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(Case T-408/16) (*1)

‘(Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Principle of ne bis in idem — Rights of the defence — Right to a fair trial — Obligation to state reasons — Right to an effective remedy — Manifest error of assessment — Right to property — Proportionality — Right to a normal life — Damage to reputation)’

Language of the case: Bulgarian

Parties

Applicant: HX (Damascus, Syria) (represented by: S. Koev and S. Klukowska, lawyers)

Defendant: Council of the European Union (represented by: initially I. Gurov and G. Étienne, and subsequently I. Gurov and A. Vitro, acting as Agents)

Re:

Action pursuant to Article 263 TFEU seeking the annulment of Council Decision (CFSP) 2016/850 of 27 May 2016 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2016 L 141, p. 125), of Council Implementing Regulation (EU) 2016/840 of 27 May 2016 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2016 L 141, p. 30), of Council Decision (CFSP) 2017/917 of 29 May 2017 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2017 L 139, p. 62), and of Council Implementing Regulation (EU) 2017/907 of 29 May 2017 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2017 L 139, p. 15), in so far as those measures apply to the applicant.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders HX to bear his own costs and to pay the costs incurred by the Council of the European Union.

*

(*1) OJ C 419, 14.11.2016.

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