Makhlouf v Council (Common foreign and security policy - Restrictive measures taken in view of the situation in Syria - Judgment) French Text [2024] EUECJ T-209/22 (17 July 2024)

Makhlouf v Council (Common foreign and security policy - Restrictive measures taken in view of the situation in Syria - Judgment) French Text [2024] EUECJ T-209/22 (17 July 2024)

The applicant provided a consistent and credible body of evidence demonstrating her lack of connection, influence, or association with the Syrian regime and the Makhlouf family, thereby rebutting the presumption of association. The Council failed to provide sufficient evidence to justify her continued listing....

Source-derived case information.

Citation
[2024] EUECJ T-209/22
Parties
Applicant: Shahla Makhlouf; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Annulment and Damages Action / Final Judgment
Outcome
Application for annulment granted in part; application for damages dismissed; costs awarded against the Council.
Legal Topics
Common Foreign and Security Policy, Restrictive Measures, Asset Freezing, Right to Property, Procedural Safeguards, Presumption of Association, Non Contractual Liability
European Union Law International Sanctions Human Rights Common Foreign and Security Policy Restrictive Measures Asset Freezing Right to Property Procedural Safeguards +2 more

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Parties

Shahla Makhlouf

Applicant

Council of the European Union

Respondent

Procedural Posture

Annulment and Damages Action / Final Judgment

  1. 1 Whether the inclusion of Shahla Makhlouf on the EU sanctions list based solely on family membership is lawful
  2. 2 Whether the Council committed an error of assessment in maintaining her on the list
  3. 3 Whether the applicant rebutted the presumption of association with the Syrian regime

Ratio Decidendi

The applicant provided a consistent and credible body of evidence demonstrating her lack of connection, influence, or association with the Syrian regime and the Makhlouf family, thereby rebutting the presumption of association. The Council failed to provide sufficient evidence to justify her continued listing. Therefore, the contested acts are vitiated by an error of assessment and must be annulled as they concern the applicant.

Court Disposition

Application for annulment granted in part; application for damages dismissed; costs awarded against the Council.

Orders

  • The Council's decisions and regulations listing Shahla Makhlouf are annulled insofar as they concern her.
  • The remainder of the application is dismissed.