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Case T-413/24: Action brought on 7 August 2024 – Shammout v Council

ECLI:EU:UNKNOWN:62024TN0413

62024TN0413

January 1, 2024
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Official Journal of the European Union

EN

C series

C/2024/5833

(Case T-413/24)

(C/2024/5833)

Language of the case: English

Parties

Applicant: Issam Shammout (Damascus, Syria) (represented by: L. Cloquet, lawyer)

Defendant: Council of the European Union

Form of order sought

The applicant claim that the Court should:

annul Council Decision (CFSP) 2024/1510 of 27 May 2024 amending Decision 2013/255/CFSP concerning restrictive measures in view of the situation in Syria, (1) as far as it applies to the applicant,

annul Council Implementing Regulation (EU) 2024/1517 of 27 May 2024 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria, (2) as far as it applies to the applicant,

sentence the Council to bear the full costs and expenses of the proceedings, including those set forth by the applicant.

Pleas in law and main arguments

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

1.First plea in law, alleging manifest error in assessing the facts by considering that the applicant is a ‘leading businessperson operating in Syria’ while the applicant had validly rebutted the presumption of link with the regime resting on such businesspersons.

2.Second plea in law, alleging the violation by the Council of Article 27(3) and 28(3) of Council Decision 2013/255/CFSP (3) and of Article 15(1b) of Council Regulation (EU) No 36/2012. (4)

Council Decision (CFSP) 2024/1510 of 27 May 2024 amending Decision 2013/255/CFSP concerning restrictive measures in view of the situation in Syria (OJ L, 2024/1510).

Council Implementing Regulation (EU) 2024/1517 of 27 May 2024 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ L, 2024/1517).

Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (OJ 2013 L 147, p. 14).

Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011 (OJ 2012 L 16, p. 1).

ELI: http://data.europa.eu/eli/C/2024/5833/oj

ISSN 1977-091X (electronic edition)

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