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Case T-412/16: Judgment of the General Court of 16 January 2019 — Bena Properties v Council (Common foreign and security policy — Restrictive measures against Syria — Freezing of funds — Rights of the defence — Right to effective judicial protection — Obligation to state reasons — Manifest error of assessment — Right to respect for one’s good name and reputation — Right to property — Presumption of innocence — Proportionality)

ECLI:EU:UNKNOWN:62016TA0412

62016TA0412

January 16, 2019
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11.3.2019

Official Journal of the European Union

C 93/41

(Case T-412/16) (*)

((Common foreign and security policy - Restrictive measures against Syria - Freezing of funds - Rights of the defence - Right to effective judicial protection - Obligation to state reasons - Manifest error of assessment - Right to respect for one’s good name and reputation - Right to property - Presumption of innocence - Proportionality))

(2019/C 93/51)

Language of the case: French

Parties

Applicant: Bena Properties Co. SA (Damascus, Syria) (represented by: E. Ruchat, lawyer)

Defendant: Council of the European Union (represented by: initially S. Kyriakopoulou, G. Etienne and A. Vitro, then S. Kyriakopoulou and A. Vitro, and finally S. Kyriakopoulou, A. Vitro and V. Piessevaux, acting as Agents)

Re:

Application pursuant to Article 263 TFEU seeking 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) and the subsequent measures implementing it, 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 Council Decision (CFSP) 2018/778 of 28 May 2018 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2018 L 131, p. 16), in so far as those measures concern the applicant.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Declares that Bena Properties Co. SA is to bear its own costs and orders it to pay those incurred by the Council of the European Union.

(*) Language of the case: French.

ECLI:EU:C:2019:140

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