(Case T-246/18)

Language of the case: English

Parties

Applicant: Maikel José Moreno Pérez (Venezuela) (represented by: L. Giuliano and F. Di Gianni, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:

—annul Council Decision (CFSP) 2018/90 of 22 January 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela and Council Implementing Regulation (EU) 2018/88 of 22 January 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela, 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 the Council infringed the principle of sound administration and breached his rights of defense and to effective judicial protection by failing to provide access to the evidence allegedly supporting his listing within a reasonable period of time.

2.Second plea in law, alleging that the Council committed a manifest error of assessment since it failed to demonstrate that the applicant, in his roles as President and former Vice-President of the Supreme Court of Venezuela, has supported and facilitated the Government’s actions and policies which have undermined democracy and the rule of law in Venezuela, and is responsible for actions and statements that have usurped the authority of the National Assembly.