Haikal v Council (Judgment) French Text [2020] EUECJ T-189/19 (16 December 2020)

Haikal v Council (Judgment) French Text [2020] EUECJ T-189/19 (16 December 2020)

The Tribunal held that the Council had not violated the applicant's rights of defence or fair trial, as notification and reasoning requirements were met and the applicant had access to effective judicial remedies. The Council's identification of the applicant as an influential businessman supporting the Syrian...

Source-derived case information.

Citation
[2020] EUECJ T-189/19
Parties
Applicant: Maen Haikal; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Annulment Proceedings (article 263 Tfeu) / Final Judgment
Outcome
application dismissed
Legal Topics
Restrictive Measures, Foreign Policy and Security, Asset Freezing, Right to Defence, Right to Fair Trial, Obligation to State Reasons, Judicial Protection, Error of Assessment, Right to Property, Proportionality, Right to Conduct Business, Right to Private and Family Life
European Union Law Sanctions Law Human Rights Law Restrictive Measures Foreign Policy and Security Asset Freezing Right to Defence Right to Fair Trial +7 more

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Parties

Maen Haikal

Applicant

Council of the European Union

Respondent

Procedural Posture

Annulment Proceedings (article 263 Tfeu) / Final Judgment

  1. 1 Whether the inclusion of the applicant on the EU sanctions list targeting Syria violated his rights of defence and fair trial
  2. 2 Whether the Council fulfilled its obligation to state reasons for the restrictive measures
  3. 3 Whether the applicant's right to effective judicial protection was breached

Ratio Decidendi

The Tribunal held that the Council had not violated the applicant's rights of defence or fair trial, as notification and reasoning requirements were met and the applicant had access to effective judicial remedies. The Council's identification of the applicant as an influential businessman supporting the Syrian regime was sufficiently substantiated by public evidence. The restrictive measures were proportionate and did not violate the applicant's rights to property, business, or private/family life. The application was therefore dismissed in its entirety.

Court Disposition

application dismissed

Orders

  • The application is dismissed in its entirety.
  • The applicant is ordered to pay the costs.