Judgment of the General Court of 14 July 2021 — Moreno Reyes v Council

(Case T-552/18) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in Venezuela - Freezing of funds - Lists of persons, entities and bodies subject to the freezing of funds and economic resources - Inclusion of the applicant’s name on the lists - Retention of the applicant’s name on the lists - Error of assessment)

(2021/C 349/38)

Language of the case: English

Parties

Applicant: Xavier Antonio Moreno Reyes (Caracas, Venezuela) (represented by: F. Di Gianni and L. Giuliano, lawyers)

Defendant: Council of the European Union (represented by: A. Antoniadis, S. Kyriakopoulou and P. Mahnič, acting as Agents)

Re:

Application based on Article 263 TFEU and seeking annulment, first, of Council Decision (CFSP) 2018/901 of 25 June 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 160 I, p. 12) and of Council Decision (CFSP) 2018/1656 of 6 November 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 276, p. 10) and, second, of Council Implementing Regulation (EU) 2018/899 of 25 June 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 160 I, p. 5), and of Council Implementing Regulation (EU) 2018/1653 of 6 November 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 276, p. 1), in so far as those acts concern the applicant.

Operative part of the judgment

The Court:

1.

Annuls Council Decision (CFSP) 2018/901 of 25 June 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela, Council Decision (CFSP) 2018/1656 of 6 November 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela, Council Implementing Regulation (EU) 2018/899 of 25 June 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela and Council Implementing Regulation (EU) 2018/1653 of 6 November 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela, in so far as those acts concern Mr Xavier Antonio Moreno Reyes;

2.	Orders the Council of the European Union to pay the costs.

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(1)  OJ C 427, 26.11.2018.