Action brought on 29 March 2019 – Zubedi v Council

(Case T-186/19)

Language of the case: English

Parties

Applicant: Khaled Zubedi (Damascus, Syria) (represented by: M. Lester, QC and M. O’Kane, Solicitor)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:

annul the Council implementing decision (CFSP) 2019/87 of 21 January 2019 ¹ and Council implementing regulation (EU) 2019/85 of 21 January 2019 ² , insofar as they apply to the applicant; and

order the defendant to pay costs.

Pleas in law and main arguments

In support of the action, the applicant relies on one plea in law, alleging that the defendant committed a manifest error in its assessment by including the applicant in the European Union’s restrictive measures concerning Syria.

The applicant has been included by the Council implementing decision (CFSP) 2019/87 and Council implementing regulation (EU) 2019/85 on the basis that he is one of a group of successful businessman in Syria, who are all said by the defendant, to be making large profits from and supporting the regime of President Assad by forming partnerships with State backed companies to develop land expropriated from people displaced by the conflict in Syria. This would be completely untrue in respect of the applicant, the criteria for inclusion would have not been fulfilled and the defendant’s case would have been based on an insufficiently solid basis.

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¹ Council Implementing Decision (CFSP) 2019/87 of 21 January 2019 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ L 181, 21.1.2019, p. 13).

² Council Implementing Regulation (EU) 2019/85 of 21 January 2019 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ L 181, 21.1.2019, p. 4).