Action brought on 14 July 2021 – Assaad v Council
(Case T-426/21)
Language of the case: English
Parties
Applicant: Nizar Assaad (Beirut, Lebanon) (represented by: M. Lester, Barrister, G. Martin and C. Enderby Smith, Solicitors)
Defendant: Council of the European Union
Form of order sought
The applicant claims that the Court should annul the Council Implementing Decision (CFSP) 2021/751 of 6 May 2021 1 and Council Implementing Regulation (EU) 2021/743 of 6 May 2021 2 , which amend entry 36 to Annex I to Council Decision 2013/255/CFSP and entry 36 to Annex II to Council Regulation (EU) No 36/2012 of 18 January 2012 (“the Contested Measures”), in so far as they apply to the applicant.
Pleas in law and main arguments
In support of the action, the applicant alleges that the Council has repeatedly stated since 2011 that the applicant is not the person listed at entry 36 to the EU’s restrictive measures on Syria. By the Contested Measures, the Council has sought to reverse this position, and now, without any justification or factual or legal basis, contends that the applicant has in fact been listed since 2011. The applicant’s grounds for annulment challenge the Council’s volte face in the Contested Measures as being based on multiple errors of assessment; unlawfully retroactive and inimical to the principle of legal certainty; an abuse and misuse of the Council’s powers; and contrary to the principle of res judicata.
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1 OJ 2021, L 160, p. 115.
2 OJ 2021, L 160, p. 1.