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Case T-207/22: Judgment of the General Court of 17 July 2024 – Mhana v Council (Common foreign and security policy – Restrictive measures in view of the situation in Syria – Freezing of funds and economic resources – Restriction on entry into the territory of the Member States – List of persons, entities and bodies subject to the freezing of funds or the restriction on entry into the territory of the Member States – Inclusion and maintenance of the applicant’s name on the list – Heir of a person already subject to restrictive measures – Rights of the defence – Error of assessment – Proportionality – Right to property – Non-contractual liability)
ECLI:EU:UNKNOWN:62022TA0207
62022TA0207
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Official Journal of the European Union
C series
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C/2024/5315
9.9.2024
(Case T-207/22)
(Common foreign and security policy - Restrictive measures in view of the situation in Syria - Freezing of funds and economic resources - Restriction on entry into the territory of the Member States - List of persons, entities and bodies subject to the freezing of funds or the restriction on entry into the territory of the Member States - Inclusion and maintenance of the applicant’s name on the list - Heir of a person already subject to restrictive measures - Rights of the defence - Error of assessment - Proportionality - Right to property - Non-contractual liability)
(C/2024/5315)
Language of the case: French
Parties
Applicant: Ghada Mhana (Damascus, Syria) (represented by: G. Karouni and E. Assogba, lawyers)
Defendant: Council of the European Union (represented by: A. Limonet and V. Piessevaux, acting as Agents)
Re:
By her action, the applicant seeks, first, under Article 263 TFEU, the annulment of (i) Council Implementing Decision (CFSP) 2022/242 of 21 February 2022 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2022 L 40, p. 26) and Council Implementing Regulation (EU) 2022/237 of 21 February 2022 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2022 L 40, p. 6), and (ii) 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 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 acts concern the applicant; and, second, under Article 268 TFEU, compensation in respect of the harm that she claims to have suffered as a result of the adoption of the contested acts.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Ms Ghada Mhana to pay the costs.
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Language of the case: French.
ELI: http://data.europa.eu/eli/C/2024/5315/oj
ISSN 1977-091X (electronic edition)
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