Al-Assad v Council (Common foreign and security policy - Restrictive measures against Syria - Judgment) French Text [2024] EUECJ T-370/23 (04 September 2024)

Al-Assad v Council (Common foreign and security policy - Restrictive measures against Syria - Judgment) French Text [2024] EUECJ T-370/23 (04 September 2024)

The Tribunal held that the 'family membership' criterion is sufficiently clear, precise, and justified by the objectives of the restrictive measures regime. The applicant, as a member of the Assad family, falls within the scope of the measures, and failed to provide sufficient evidence to rebut the presumption of...

Source-derived case information.

Citation
[2024] EUECJ T-370/23
Parties
Applicant: Samer Kamal Al-Assad; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Annulment Action (article 263 Tfeu) / Final Judgment
Outcome
application dismissed
Legal Topics
Restrictive Measures, Sanctions, Common Foreign and Security Policy, Right to Property, Non Discrimination, Presumption of Innocence
European Union Law International Law Human Rights Restrictive Measures Sanctions Common Foreign and Security Policy Right to Property Non Discrimination +1 more

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Summary, issues, holding and outcome

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Parties

Samer Kamal Al-Assad

Applicant

Council of the European Union

Respondent

Procedural Posture

Annulment Action (article 263 Tfeu) / Final Judgment

  1. 1 Validity of restrictive measures against members of the Assad family under EU law
  2. 2 Legality and clarity of the 'family membership' criterion for sanctions
  3. 3 Alleged violation of right to property and non-discrimination

Ratio Decidendi

The Tribunal held that the 'family membership' criterion is sufficiently clear, precise, and justified by the objectives of the restrictive measures regime. The applicant, as a member of the Assad family, falls within the scope of the measures, and failed to provide sufficient evidence to rebut the presumption of association with the Syrian regime. The measures do not violate the principles of legality, non-discrimination, or the right to property, as they are preventive, individually assessed, and proportionate to the legitimate aim pursued.

Court Disposition

application dismissed

Orders

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