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Case T-426/21: Judgment of the General Court of 8 March 2023 — Assaad v Council (Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Errors of assessment — Retroactivity — Legitimate expectations — Legal certainty — Force of res judicata)
ECLI:EU:UNKNOWN:62021TA0426
62021TA0426
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Official Journal of the European Union
C 155/50
(Case T-426/21) (*)
(Common foreign and security policy - Restrictive measures adopted against Syria - Freezing of funds - Errors of assessment - Retroactivity - Legitimate expectations - Legal certainty - Force of res judicata)
(2023/C 155/63)
Language of the case: English
Parties
Applicant: Nizar Assaad (Beirut, Lebanon) (represented by: M. Lester KC, G. Martin and C. Enderby Smith, Solicitors)
Defendant: Council of the European Union (represented by: T. Haas and M. Bishop, acting as Agents)
Re:
By his action under Article 263 TFEU, the applicant seeks annulment of Council Implementing Decision (CFSP) 2021/751 of 6 May 2021 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2021 L 160, p. 115), Council Implementing Regulation (EU) 2021/743 of 6 May 2021 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2021 L 160, p. 1), 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), 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 (OJ 2022 L 148, p. 8), in so far as those measures concern the applicant.
Operative part of the judgment
The Court:
1.Annuls Council Implementing Decision (CFSP) 2021/751 of 6 May 2021 implementing Decision 2013/255/CFSP concerning the restrictive measures against Syria, Council Implementing Regulation (EU) 2021/743 of 6 May 2021 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria, 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 Nizar Assaad;
2.Orders that the effects of Decision 2022/849 be maintained with regard to Mr Assaad until the date of expiry of the period for bringing an appeal or, if an appeal is brought within that period, until any dismissal of the appeal;
3.Orders the Council of the European Union to pay the costs.
(*)
Language of the case: English
ECLI:EU:C:2023:140