Mahmoudian v Council (Provisions governing the institutions - Judgment) French Text [2019] EUECJ T-406/15 (02 July 2019)

Mahmoudian v Council (Provisions governing the institutions - Judgment) French Text [2019] EUECJ T-406/15 (02 July 2019)

The General Court found that the Council committed a sufficiently serious breach of a rule of law conferring rights on individuals by adopting and maintaining restrictive measures against Mahmoudian without any evidentiary basis, as previously established in annulment proceedings. However, Mahmoudian failed to...

Source-derived case information.

Citation
[2019] EUECJ T-406/15
Parties
Applicant: Fereydoun Mahmoudian; Respondent: Council of the European Union; Intervener: European Commission
Jurisdiction
European Union
Procedural Posture
Action for Damages (non Contractual Liability) / Final Judgment at First Instance (general Court, Eu)
Outcome
action dismissed
Legal Topics
Non Contractual Liability of the EU, Restrictive Measures (sanctions), Proof of Damage and Causation, Rights of Defence, Charter of Fundamental Rights (property, Enterprise)
European Union Law International Sanctions Administrative Law Non Contractual Liability of the EU Restrictive Measures (sanctions) Proof of Damage and Causation Rights of Defence Charter of Fundamental Rights (property, Enterprise)

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 16 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Fereydoun Mahmoudian

Applicant

Council of the European Union

Respondent

European Commission

Intervener

Procedural Posture

Action for Damages (non Contractual Liability) / Final Judgment at First Instance (general Court, Eu)

  1. 1 Whether the Council's adoption and maintenance of restrictive measures against Mahmoudian without sufficient evidence constitutes a sufficiently serious breach of a rule of law conferring rights on individuals, engaging the non-contractual liability of the EU.
  2. 2 Whether Mahmoudian suffered material and moral damage as a direct result of the unlawful restrictive measures, and whether he proved the existence and extent of such damage and the causal link.

Ratio Decidendi

The General Court found that the Council committed a sufficiently serious breach of a rule of law conferring rights on individuals by adopting and maintaining restrictive measures against Mahmoudian without any evidentiary basis, as previously established in annulment proceedings. However, Mahmoudian failed to prove, with sufficient precision and supporting evidence, the existence and extent of the alleged material damage (losses from asset management, rental income, business losses, legal costs) or a direct causal link to the unlawful measures. Regarding moral damage, the Court held that the annulment of the restrictive measures constituted adequate reparation, and no additional...

Court Disposition

action dismissed

Orders

  • The action for damages is dismissed in its entirety.
  • Applicant to bear his own costs and those of the Council.