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Case T-510/18: Action brought on 22 August 2018 — Kaddour v Council
ECLI:EU:UNKNOWN:62018TN0510
62018TN0510
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15.10.2018
EN
Official Journal of the European Union
C 373/19
(Case T-510/18)
(2018/C 373/21)
Language of the case: English
Parties
Applicant: Khaled Kaddour (Damas, Syria) (represented by: V. Davies and V. Wilkinson, Solicitors)
Defendant: Council of the European Union
Form of order sought
The applicant claims that the Court should:
—annul the 2018 Measures insofar as they apply to Dr Kaddour; and
—order the Council to pay Dr Kaddour’s costs of this application.
Pleas in law and main arguments
The application is directed against Council Decision (CFSP) 2018/778 of 28 May 2018 amending Decision 2013/255/CFSP (1) concerning restrictive measures against Syria (OJ 2018 L 131, p. 16) and Council Implementing Regulation (EU) 2018/774 of 28 May 2018 implementing Regulation (EU) No 36/2012 (2) concerning restrictive measures in view of the situation in Syria (OJ 2018 L 131, p. 1), insofar as those measures apply to the applicant (‘the 2018 Measures’).
In support of the action, the applicant relies on three pleas in law.
1.First plea in law, alleging that the 2018 Measures are vitiated by a manifest error of assessment.
2.Second plea in law, alleging that the applicant is entitled to the benefit of Articles 27 and 28(2) of Council Decision 2013/255/CFSP as amended by Council Decision (CFSP) 2015/1836 (3) and Article 15(1b) of Council Regulation (EU) No 36/2012 as amended by Council Regulation (EU) 2015/1828 (4).
3.Third plea in law, alleging that the 2018 Measures amount to a breach of the applicant’s fundamental rights as protected by the EU Charter of Fundamental Rights and/or the European Convention of Human Rights in regard to the applicant’s rights to respect for his reputation and peaceful enjoyment of his property and the principle of proportionality.
(1) Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (OJ 2013 L 147, p. 14).
(2) 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).
(3) Council Decision (CFSP) 2015/1836 of 12 October 2015 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2015 L 266, p. 75).
(4) Council Regulation (EU) 2015/1828 of 12 October 2015 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2015 L 266, p. 1).