Language of document :

Action brought on 5 December 2014 – DenizBank v Council

(Case T-798/14)

Language of the case: English

Parties

Applicant: DenizBank A.Ș. (Esentepe, Turkey) (represented by: M. Lester and O. Jones, Barristers, R

es) insofar as they apply to the applicant

;declare the inappli

cability pursuant to Article 277 TFEU as reg

ards Article 1 of the 8 September Decision, and Article 1(5) of the 8 September Regulation; andorder the Council to pay the costs.Pleas in law and main argumentsIn support of the action, the

applicant relies on four pleas in law.First plea in law, alleging that the Council has breached its duty to give reasons for imposing the contested measures

on the applicant. Further, the appli

cant contends that the Council h

as given it no reasons at all for imposing the contested measures on

it, nor even informed it of its inclusion.Second plea in law, alleging that the Council has failed to safeguard the applicant’s rights of defence, including its right to a fair hearing and to effective judicial review. The applicant submits that the Council has given the applicant no reasons or ev

idence for imposing the contested measures on it, no opportunity for it to comment on the case against it, and has thereby also impeded the Court from “exercising effective judicial review”. Third plea in law, alleging that insofar as it has imposed the contested measures on the applicant, the Council has breached the Ankara Agreement between Turkey and the EU (and its Additional Protocol) in a number of respects. Fourth plea in law, allegin

g that the Council has breached the principles of non-discrimination and proportionality, and has imposed an unjustified and disproportionate restriction on the applicant’s fundamental rights.

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1 Council Decision 2014/659/CFSP o

f 8 September 2014 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine (OJ L 271, p. 54) Council Regulation (EU) No 960/2014 of 8 September

2