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Case T-370/23: Action brought on 5 July 2023 — Al-Assad v Council
ECLI:EU:UNKNOWN:62023TN0370
62023TN0370
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21.8.2023
EN
Official Journal of the European Union
C 296/42
(Case T-370/23)
(2023/C 296/47)
Language of the case: French
Parties
Applicant: Samer Kamal Al-Assad (Qardaha, Syria) (represented by: W. Woll, lawyer)
Defendant: Council of the European Union
Form of order sought
The applicant claims that the Court should:
—annul Implementing Regulation (EU) 2023/844 (1) which adds the applicant’s name to Annex II to Regulation (EU) No 36/201;
—annul Implementing Decision (CFSP) 2023/847 (2) which adds the applicant’s name to Annex I to Decision 2013/255/PESC;
—order the European Union to pay the costs.
Pleas in law and main arguments
In support of the action, the applicant relies on four pleas in law.
1.First plea in law, alleging an error of assessment. The applicant maintains, first, that his membership of the Assad family is not sufficiently established and, second, that he is not involved in any drug trafficking. In addition, he puts forward a plea of illegality of Article 27(2)(b) and Article 28(2)(b) of Decision 2013/255/CFSP.
2.Second plea in law, alleging a violation of the right to an effective remedy. The applicant invokes in this respect the obligation to hold court proceedings to punish serious offenses and the impossibility for the Council to punish him for drug trafficking.
3.Third plea in law, alleging damage to the applicant’s reputation.
4.Fourth plea in law, alleging infringement of the right to property.
Council Implementing Regulation (EU) 2023/844 of 24 April 2023 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2023 L 109 I, p. 1).
Council Implementing Decision (CFSP) 2023/847 of 24 April 2023 implementing Decision 2013/255/CFSP concerning restrictive measures in view of the situation in Syria (OJ 2023 L 109 I, p. 26).