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Case T-410/16: Judgment of the General Court of 18 May 2017 — Makhlouf v Council (Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Rights of the defence — Right to effective judicial protection — Obligation to state reasons — Manifest error of assessment — Right to protection of reputation — Right to property — Presumption of innocence — Restrictions on entry into and transit through the territory of the European Union — Proportionality)

ECLI:EU:UNKNOWN:62016TA0410

62016TA0410

May 18, 2017
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Official Journal of the European Union

C 221/23

(Case T-410/16) (<span class="super note-tag">1</span>)

((Common foreign and security policy - Restrictive measures taken against Syria - Freezing of funds - Rights of the defence - Right to effective judicial protection - Obligation to state reasons - Manifest error of assessment - Right to protection of reputation - Right to property - Presumption of innocence - Restrictions on entry into and transit through the territory of the European Union - Proportionality))

(2017/C 221/32)

Language of the case: French

Parties

Applicant: Rami Makhlouf (Damascus, Syria) (represented by: E. Ruchat, lawyer)

Defendants: Council of the European Union (represented by: initially, S. Kyriakopoulou, G. Étienne and A. Vitro, then by S. Kyriakopoulou and A. Vitro, and subsequently by S. Kyriakopoulou and J. Bauerschmidt, acting as Agents)

Intervener in support of the defendant: European Commission (represented by: F. Castillo de la Torre, L. Havas and R. Tricot, acting as Agents)

Re:

APPLICATION pursuant to Article 263 TFEU seeking the annulment of Council Decision (CFSP) 2016/850 of 27 May 2016 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2016 L 141, p. 125) and of the subsequent measures giving effect to that decision, in so far as those measures concern the applicant.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Mr Rami Makhlouf to bear his own costs and to pay those of the Council of the European Union;

3.Orders the European Commission to bear its own costs.

(<span class="note">1</span>) OJ C 371, 10.10.2016.

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