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Case T-471/22: Judgment of the General Court of 15 May 2024 – Anbouba v Council (Common foreign and security policy – Restrictive measures taken in view of the situation in Syria – Freezing of funds – Restrictions on admission to the territory of the Member States – Maintenance of the applicant’s name on the lists of persons, entities and bodies – Criterion of association with the Syrian regime – Criterion of a leading businessperson operating in Syria – Presumption of a link with the Syrian regime – Error of assessment – Admissibility of the evidence)

ECLI:EU:UNKNOWN:62022TA0471

62022TA0471

May 15, 2024
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Official Journal of the European Union

C series

C/2024/3912

(Case T-471/22)

(Common foreign and security policy - Restrictive measures taken in view of the situation in Syria - Freezing of funds - Restrictions on admission to the territory of the Member States - Maintenance of the applicant’s name on the lists of persons, entities and bodies - Criterion of ‘association with the Syrian regime’ - Criterion of ‘a leading businessperson operating in Syria’ - Presumption of a link with the Syrian regime - Error of assessment - Admissibility of the evidence)

(C/2024/3912)

Language of the case: Bulgarian

Parties

Applicant: Issam Anbouba (Beirut, Lebanon) (represented by: S. Koev, lawyer)

Defendant: Council of the European Union (represented by: T. Haas, V. Piessevaux and I. Gurov, acting as Agents)

Re:

By his action based on Article 263 TFEU, the applicant seeks the annulment of Council Decision (CFSP) 2022/849 of 30 May 2022 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2022 L 148, p. 52), of Council Implementing Regulation (EU) 2022/840 of 30 May 2022 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2022 L 148, p. 8), of Council Decision (CFSP) 2023/1035 of 25 May 2023 amending Decision 2013/255/CFSP concerning restrictive measures in view of the situation in Syria (OJ 2023 L 139, p. 49), and of Council Implementing Regulation (EU) 2023/1027 of 25 May 2023 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2023 L 139, p. 1), in so far as those four acts maintain his name on the lists annexed to those acts.

Operative part of the judgment

The Court:

1.Annuls Council Decision (CFSP) 2022/849 of 30 May 2022 amending Decision 2013/255/CFSP concerning restrictive measures against Syria, and Council Implementing Regulation (EU) 2022/840 of 30 May 2022 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria, in so far as they concern Mr Issam Anbouba;

2.Dismisses the action as to the remainder;

3.Orders Mr Anbouba and the Council of the European Union each to bear their own costs.

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Language of the case: Bulgarian.

ELI: http://data.europa.eu/eli/C/2024/3912/oj

ISSN 1977-091X (electronic edition)

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