Action brought on 2 April 2024 – Al Akhras v Council

(Case T-176/24)

Language of the case: English

Parties

Applicant: Feras Al Akhras (Syrian citizen having elected domicile for the purpose of these proceedings at the offices of its legal representatives in Brussels, Belgium) (represented by: J. Grayston, D. Rovetta, P. Gjørtler and V. Villante, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:

Annul Council Implementing Decision (CFSP) 2024/380 of 22 January 2024 implementing Decision 2013/255/CFSP concerning restrictive measures in view of the situation in Syria ¹ , and Council Implementing Regulation (EU) 2024/362 of 22 January 2024 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria ² , collectively referred to as the “Contested Measures”, in so far as the Contested Acts include the Applicant in the list of persons and entities made subject to the restrictive measures;

Order the Council to bear the costs of the present 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 obligation to notify - Breach of Article 32(2) and (3) of Council Regulation (EU) No 36/2012 of 18 January 2012 which implements Article 30 (2) and (3) of Council Decision 2013/255/CFSP of 31 May 2013;

Second plea in law, alleging infringement of the obligation to state reasons - Breach of Article 296 of the Treaty on the Functioning of the European Union and of Article 41 (2) (c) of the Charter of Fundamental Rights - Breach of the right to effective judicial protection and of Article 47 of the Charter of Fundamental Rights of the European Union;

Third plea in law, alleging manifest error of assessment - Failure to discharge the burden of proof – Breach of the listing criteria set forth in Article 27(1) and 28(1) of Council Decision 2013/255/CFSP of 31 May 2013 and in Article 15(1)(a) and (b) of 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;

Fourth plea in law, alleging breach of the principle of proportionality and fundamental rights - Breach of the applicant’s fundamental rights to property and freedom to conduct business – Breach of Article 16 and 17 of the Charter of Fundamental Rights of the European Union.

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¹ OJ L, 2024/380, 22.1.2024.

¹ OJ L, 2024/362, 22.1.2024.