Mahmoudian v Council (Judgment) French Text [2021] EUECJ C-681/19P (18 November 2021)

Mahmoudian v Council (Judgment) French Text [2021] EUECJ C-681/19P (18 November 2021)

The applicant failed to provide sufficient evidence of material damages or a direct causal link, and the Tribunal's reasoning for the quantum of moral damages was adequate. The Tribunal did not err in law or procedure. The appeal is dismissed in its entirety.

Source-derived case information.

Citation
[2021] EUECJ C-681/19P
Parties
Appellant: Fereydoun Mahmoudian; Respondent: Council of the European Union; Intervener: European Commission
Jurisdiction
European Union
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Non Contractual Liability of the EU, Restrictive Measures (sanctions), Compensation for Unlawful Listing, Burden of Proof, Moral and Material Damages
European Union Law International Sanctions Administrative Law Non Contractual Liability of the EU Restrictive Measures (sanctions) Compensation for Unlawful Listing Burden of Proof Moral and Material Damages

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Parties

Fereydoun Mahmoudian

Appellant

Council of the European Union

Respondent

European Commission

Intervener

Procedural Posture

Appeal / Final Judgment

  1. 1 Whether the EU is liable for damages caused by unlawful restrictive measures against individuals under the CFSP/PESC framework
  2. 2 Whether the Tribunal erred in its assessment of the burden of proof for material damages
  3. 3 Whether the Tribunal failed to provide adequate reasoning for the quantum of moral damages

Ratio Decidendi

The applicant failed to provide sufficient evidence of material damages or a direct causal link, and the Tribunal's reasoning for the quantum of moral damages was adequate. The Tribunal did not err in law or procedure. The appeal is dismissed in its entirety.

Court Disposition

Appeal dismissed

Orders

  • The appeal is rejected in its entirety.
  • Fereydoun Mahmoudian is ordered to pay his own costs and those of the Council.