8.9.2014
EN
Official Journal of the European Union
C 303/55
Action brought on 17 July 2014 — Alsharghawi v Council
(Case T-532/14)
2014/C 303/65
Language of the case: French
Parties
Applicant: Bashir Saleh Bashir Alsharghawi (Johannesburg, South Africa) (represented by: É. Moutet, lawyer)
Defendant: Council of the European Union
Form of order sought
The applicant claims that the Court should:
—
Annul Decision 2011/137/CFSP and Decision 2011/178/CFSP;
—
Order the Council to pay the costs.
Pleas in law and main arguments
In support of the action, the applicant relies on four pleas in law.
1.
First plea in law, alleging that the Council had no power to include the applicant on the list of persons subject to restrictive measures, since the applicant’s name is not mentioned in the United Nations Security Council resolutions 1970 (2011) and 1973 (2011).
2.
Second plea in law, alleging infringement of the duty to state reasons, in so far as the Council merely relies on the abovementioned resolutions, without considering the applicant’s personal situation.
3.
Third plea in law, alleging infringement of the applicant’s rights of defence and of the principle of the presumption of innocence as a result of the lack of an inter partes procedure.
4.
Fourth plea in law, alleging infringement of fundamental rights, in so far as, by imposing restrictive measures on the applicant, the Council unlawfully restricted his freedom of movement and his right to property.
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