Alkattan v Council (Judgment) French Text [2021] EUECJ T-218/20 (10 November 2021)

Alkattan v Council (Judgment) French Text [2021] EUECJ T-218/20 (10 November 2021)

The Court held that the Council's reasons for listing and maintaining the applicant were sufficiently clear and specific, allowing him to understand and contest the measures. The applicant's rights of defence were not violated, as pre-listing hearings are not required for initial listings to preserve the...

Source-derived case information.

Citation
[2021] EUECJ T-218/20
Parties
Applicant: Waseem Alkattan; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Annulment and Damages Action / Final Judgment at First Instance
Outcome
application dismissed
Legal Topics
Restrictive Measures, Asset Freezing, Right to Defence, Obligation to State Reasons, Judicial Review, Syria Sanctions Regime
European Union Law Sanctions Law Human Rights Law Restrictive Measures Asset Freezing Right to Defence Obligation to State Reasons Judicial Review +1 more

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Parties

Waseem Alkattan

Applicant

Council of the European Union

Respondent

Procedural Posture

Annulment and Damages Action / Final Judgment at First Instance

  1. 1 Whether the Council violated the obligation to state reasons for listing the applicant under EU Syria sanctions.
  2. 2 Whether the applicant's rights of defence and right to a fair trial were breached by the listing and maintenance of his name.
  3. 3 Whether the Council committed a manifest error of assessment in listing and maintaining the applicant under the sanctions regime.

Ratio Decidendi

The Court held that the Council's reasons for listing and maintaining the applicant were sufficiently clear and specific, allowing him to understand and contest the measures. The applicant's rights of defence were not violated, as pre-listing hearings are not required for initial listings to preserve the effectiveness of sanctions, and he had opportunities to seek review and present observations after listing. The Council established a sufficiently solid factual basis for the listing, and no manifest error of assessment was found. All grounds for annulment and damages were rejected.

Court Disposition

application dismissed

Orders

  • The application for annulment is dismissed.
  • The claim for damages is dismissed.