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Case T-409/16: Judgment of the General Court of 12 December 2018 — 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 reputation — Right to property — Presumption of innocence — Restriction on entry into and transit through the territory of the European Union — Proportionality)
ECLI:EU:UNKNOWN:62016TA0409
62016TA0409
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25.2.2019
Official Journal of the European Union
C 72/16
(Case T-409/16) (<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 reputation - Right to property - Presumption of innocence - Restriction on entry into and transit through the territory of the European Union - Proportionality))
(2019/C 72/20)
Language of the case: French
Parties
Applicant: Ehab Makhlouf (Damascus, Syria) (represented by: E. Ruchat, lawyer)
Defendant: Council of the European Union (represented by: initially, S. Kyriakopoulou, G. Étienne and A. Vitro, subsequently S. Kyriakopoulou and A. Vitro, and finally S. Kyriakopoulou, A. Vitro and V. Piessevaux, 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, of Council Decision (CFSP) 2017/917 of 29 May 2017 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2017 L 139, p. 62) and of Council Decision (CFSP) 2018/778 of 28 May 2018 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2018 L 131, p. 16), in so far as those acts concern the applicant.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Mr Ehab Makhlouf to bear his own costs and to pay those incurred by the Council of the European Union.
(<span class="note">1</span> OJ C 371, 10.10.2016)
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