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Case T-94/25: Action brought on 7 February 2025 – Khiabani v Council

ECLI:EU:UNKNOWN:62025TN0094

62025TN0094

February 7, 2025
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Official Journal of the European Union

EN

C series

C/2025/1670

24.3.2025

(Case T-94/25)

(C/2025/1670)

Language of the case: English

Parties

Applicant: Mohammad Reza Khiabani (Tehran, Iran) (represented by: V. Ostrovskis and C. Cauvin, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:

annul Council Decision (CFSP) 2024/2894 of 18 November 2024, (<span class="oj-super oj-note-tag">1</span>) insofar as it concerns the applicant;

annul Council Implementing Regulation (EU) 2024/2896 of 18 November 2024, (<span class="oj-super oj-note-tag">2</span>) insofar as it concerns the applicant; and

order the Council of the European Union to bear the full costs and expenses of the proceedings, including those incurred by the applicant for his defense.

Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.

1.First plea in law, alleging the failure to discharge the burden of proof.

2.Second plea in law, alleging an error of law by applying the listing criterion specified in Article 3(1)(c) of Council Decision (CFSP) 2023/1532 of 20 July 2023 (<span class="oj-super oj-note-tag">3</span>) (as amended) and Article 3(1)c) of Regulation (EU) 2023/1529 of 20 July 2023 (<span class="oj-super oj-note-tag">4</span>) (as amended) to the applicant.

3.Third plea in law, alleging the infringement of the applicant’s right to effective judicial protection and of the rights of the defence.

4.Fourth plea in law, alleging an error of assessment.

5.Fifth plea in law, alleging the violation of the applicant’s fundamental rights and the principle of proportionality.

Council Decision (CFSP) 2024/2894 of 18 November 2024 amending Decision (CFSP) 2023/1532 concerning restrictive measures in view of Iran’s military support to Russia’s war of aggression against Ukraine and to armed groups and entities in the Middle East and the Red Sea region (OJ L, 2024/2894).

Council Implementing Regulation (EU) 2024/2896 of 18 November 2024 implementing Regulation (EU) 2023/1529 concerning restrictive measures in view of Iran’s military support to Russia’s war of aggression against Ukraine and to armed groups and entities in the Middle East and the Red Sea region (OJ L, 2024/2896).

Council Decision (CFSP) 2023/1532 of 20 July 2023 concerning restrictive measures in view of Iran’s military support to Russia’s war of aggression against Ukraine and to armed groups and entities in the Middle East and the Red Sea region (OJ 2023 L 186, p. 20).

Council Regulation (EU) 2023/1529 of 20 July 2023 concerning restrictive measures in view of Iran’s military support to Russia’s war of aggression against Ukraine and to armed groups and entities in the Middle East and the Red Sea region (OJ 2023 L 186, p. 1).

ELI: http://data.europa.eu/eli/C/2025/1670/oj

ISSN 1977-091X (electronic edition)

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