Brussels, 05/11/2014 (Agence Europe) - On Wednesday, the EU General Court (Cases T-307/12 and T-408/13) upheld measures on freezing funds and banning entry into, or transit through, the territory of the EU imposed by the Council in 2012 and 2013 on Adib Mayaleh, the governor of the Central Bank of Syria, because of the economic and financial support he provided to the Syrian regime as head of the Central Bank.
The Court ruled that Mayaleh, who holds dual nationality (Syrian by birth and French by naturalisation under the name of André Mayard), should, however, be able to continue to travel to France to visit his family, EU law not allowing member states to deny their own nationals to their territory even though they have been banned from entering or transiting through the EU.
However, the other member states will have to apply the measures decided upon by the Council within their respective borders, as the Court ruled that member states can, in similar cases and fully respecting the principle of proportionality, restrict the freedom of movement of European citizens for reasons of public policy or public safety, as this freedom is not unconditional.
With this decision, the Court rejects the two appeals lodged by Mayaleh against the Council decisions against him and upholds his name being added to and kept on the list of people targeted by restrictive measures against Syria.
It takes the view that, in imposing sanctions against Mayaleh, the Council was entitled to base its decisions exclusively on Mayaleh's professional office since, as governor of the Syrian Central Bank, he was in a position of power and influence as regards financial support for the Bashar al-Assad regime. As for his objection that the Council communicated two acts to his lawyer and not to him personally, thereby preventing him from challenging the said acts before the Court within the permitted time, the Court decided that this was a procedural error on the part of the Council but one which could not, on its own, justify annulling the acts in question. (FG)