Judgment of the General Court of 9 July 2014 — Al-Tabbaa v Council
(Cases T-329/12 and T-74/13) 1
(Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds and economic resources — Restrictions on the entry into and transit through the European Union — Rights of defence — Right to an effective judicial remedy — Obligation to state reasons — Error of assessment)
Language of the case: English
Parties
Applicant: Mazen Al-Tabbaa (Beirut, Lebanon) (represented by: M. Lester, Barrister and G. Martin, Solicitor)
Defendant: Council of the European Union (represented by: S. Kyriakopoulou and V. Piessevaux, acting as Agents)
Re:
Action for annulment of Council acts containing restrictive measures concerning the applicant, namely, initially, Council Implementing Decision 2012/256/CFSP of 14 May 2012 implementing Council Decision 2011/782/CFSP concerning restrictive measures against Syria (OJ 2012 L 126, p. 9) and Council Implementing Regulation (EU) No 410/2012 of 14 May 2012 implementing Article 32(1) of Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2012 L 126, p. 3).
Operative part of the judgment
The Court:
Annuls Council Implementing Decision 2012/256/CFSP of 14 May 2012 implementing Decision 2011/782/CFSP concerning restrictive measures against Syria and Council Implementing Regulation (EU) No 410/2012 of 14 May 2012 implementing Article 32(1) of Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria, in so far as they concern Mr Mazen Al-Tabbaa.
Annuls Council Decision 2012/739/CFSP of 29 November 2012 concerning restrictive measures against Syria and repealing Decision 2011/782 and Council Implementing Regulation (EU) No 1117/2012 of 29 November 2012 implementing Article 32(1) of Regulation No 36/2012, in so far as they concern Mr Al-Tabbaa.
Annuls Council Implementing Regulation (EU) No 363/2013 of 22 April 2013 implementing Regulation No 36/2012 and Council Implementing Decision 2013/185/CFSP of 22 April 2013 implementing Decision 2012/739, in so far as they concern Mr Al-Tabbaa.
Annuls Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria, in so far as it concerns Mr Al-Tabbaa.
Orders the effects of Decision 2013/255 to be maintained as regards Mr Al-Tabbaa until the annulment in part of Implementing Regulation No 363/2013 implementing Regulation No 36/2012 takes effect.
Declares that there is no need to adjudicate on the action in Case T-74/13.
Orders the Council of the European Union to pay, in addition to its own costs, those incurred by the applicant in Case T-329/12 and three-quarters of the costs incurred by him in Case T-74/13.
Orders the applicant to pay one quarter of his costs in Case T-74/13.
________________________1 OJ C 273, 8.9.2012.