European Court annuls the listing of a Syrian on EU Syria sanctions list

17/07/14

The European Union's sanctions against Syria (introduced in May 2011) list people and companies who are “responsible for the violent repression against the civilian population in Syria, and persons associated with them”.  In Cases T-329/12 and T-74/13 Mazen Al Tabbaa v Council (9th Chamber, 9 July 2014), the General Court of the European Union has annulled the inclusion of one individual, Mr Al Tabbaa, on that list.  Mr Al Tabbaa had been included on the basis that he was the business partner of 2 other sanctioned people, and the co-owner with another of a currency exchange company which the Council alleged “supports the policy of the Central Bank of Syria”.

Like a large number of recent judgments of the European court, in particular concerning listings on EU Iranian and Syrian sanctions measures, the Court annulled the listing because Mr Al Tabbaa had denied and refuted the reasons that had been given for including him, and the Council of the EU had no evidence to support its reasons, so the Court could not judge their veracity.  

Also notable in the Tabbaa judgment is the Court’s comments on time limits.  The Court made clear (for the first time) that applicants can challenge decisions to re-list them in EU sanctions measures, even if they have not challenged the first time they were listed, because re-listings show an intention by the Council to maintain them on the list after a re-examination.  The Court also clarified that time starts to run from publication of a measures in the Official Journal only where it is impossible for the Council to send a letter directly to an applicant; this is not a matter for the Council’s discretion.

The judgment is here.