Judgment of the General Court of 16 July 2014 — Hassan v Council
(Case T-572/11) 1
(Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Action for annulment — Adaptation of claims — Out of time — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Manifest error of assessment — Right to property — Proportionality — Action for damages)
Language of the case: French
Parties
Applicant: Samir Hassan (Damascus, Syria) (represented by: É. Morgan de Rivery and E. Lagathu, lawyers)
Defendant: Council of the European Union (represented by: S. Kyriakopoulou and M. Vitsentzatos, agents)
Re:
Application for (i) annulment of Council Implementing Decision 2011/515/CFSP of 23 August 2011 implementing Decision 2011/273/CFSP concerning restrictive measures against Syria (OJ 2011 L 218, p. 20), Council Implementing Regulation (EU) No 843/2011 of 23 August 2011 implementing Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria (OJ 2011 L 218, p. 1), Council Decision 2011/782/CFSP of 1 December 2011 concerning restrictive measures against Syria and repealing Decision 2011/273 (OJ 2011 L 319, p. 56), 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), Council Decision 2012/739/CFSP of 29 November 2012 concerning restrictive measures against Syria and repealing Decision 2011/782 (OJ 2012 L 330, p. 21), Council Implementing Decision 2013/185/CFSP of 22 April 2013 implementing Decision 2012/739 (OJ 2013 L 111, p. 77), Council Implementing Regulation (EU) No 363/2013 of 22 April 2013 implementing Regulation No 36/2012 (OJ 2013 L 111, p. 1) and Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (OJ 2013 L 147, p. 14), in so far as those acts concern the applicant, and (ii) payment of damages in compensation for harm allegedly suffered.
Operative part of the judgment
The Court:
Dismisses the action for annulment of Council Decision 2012/739/CFSP of 29 November 2012 concerning restrictive measures against Syria and repealing Decision 2011/782/CFSP as being inadmissible.
annuls, in so far as the acts concern Mr Samir Hassan:
Council Implementing Decision 2011/515/CFSP of 23 August 2011 implementing Decision 2011/273/CFSP concerning restrictive measures against Syria;
Council Implementing Regulation (EU) No 843/2011 of 23 August 2011 implementing Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria;
Council Decision 2011/782/CFSP of 1 December 2011 concerning restrictive measures against Syria and repealing Decision 2011/273/CFSP;
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 ;
Council Implementing Decision 2013/185/CFSP of 22 April 2013 implementing Decision 2012/739/CFSP;
Council Implementing Regulation (EU) No 363/2013 of 22 April 2013 implementing Regulation (EU) No 36/2012;
Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria.
Orders the effects of the annulled decisions and regulations to be maintained as regards Mr Hassan, until the date of expiry of the period for bringing an appeal or, if an appeal is brought in that period, until the date of any dismissal of that appeal.
4) Dismisses the application for damages.
5) Orders the Council of the European Union to bear its own costs and to pay one half of the costs incurred by Mr Hassan.
6) Orders Mr Hassan to bear one half of his own costs.
________________________1 OJ C 25, 28.1.2012.