Action brought on 28 November 2011 - Al-Chihabi v Council

(Case T-593/11)

Language of the case: English

Parties

Applicant: Fares Al-Chihabi (Aleppo, Syria) (represented by: L. Ruessmann and W. Berg, lawyers)

Defendant: Council of the European Union

Form of order sought

Annul Council Regulation (EU) No 878/2011 of 2 September 2011² and Council Regulation (EU) No 1011/2011 of 13 October 2011⁴, as well as Council Decision 2011/522/CFSP of 2 September 2011 and Council Decision 2011/684/CFSP of 13 October 2011, and any later legislation to the extent they perpetuate and/or replace the restrictive measures, in so far as they relate to the applicant; and

Order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

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

First plea in law, alleging infringement of the right to good administration, in particular the obligation to state reasons, provided for in Article 41 of the Charter of Fundamental Rights of the European Union, Article 216 TFEU and Article 14 (2) of Council Regulation (EU) No 442/2011.

Second plea in law, alleging violation of the applicant's rights of the defence, in particular the right to be heard, and the right to effective judicial review of those rights.

Third plea in law, alleging violation of the applicant's fundamental rights in an unjustified and disproportionate manner, in particular the right to property, the right to respect for one's good name and reputation, the right to engage in work and conduct a business, and the right to benefit from a presumption of innocence.

Fourth plea in law, alleging infringement of the applicant's right to privacy, in that the measures freezing funds and restricting the freedom of movement also constitute a disproportionate interference with the applicant's fundamental right to privacy as well as an infringement of the general principle of proportionality.

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¹ - Council Regulation (EU) No 878/2011 of 2 September 2011 amending Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria (OJ 2011 L 228, p. 1).

² - Council Regulation (EU) No 1011/2011 of 13 October 2011 amending Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria (OJ 2011 L 269, p. 18).

³ - Council Decision 2011/522/CFSP of 2 September 2011 amending Decision 2011/273/CFSP concerning restrictive measures against Syria (OJ 2011 L 228, p. 16).

⁴ - Council Decision 2011/684/CFSP of 13 October 2011 amending Decision 2011/273/CFSP concerning restrictive measures against Syria (OJ 2011 L 269, p. 33).

⁵ - Council Regulation (EU) No 442/2011 of 9 May 2011 concerning restrictive measures in view of the situation in Syria (OJ 2011 L 121, p. 1).