Zimpapers Logo

Herald Correspondent
The date is set for the case against European Union sanctions on Zimbabwe instituted by Trinity Engineering managing director Aguy Georgias. April 3 is the date set by the EU General Court in Luxembourg for what will be an epic legal contest between Hugh Mercer QC advised by lawyers from Bates Wells and Braithwaite and the four lawyers representing the EU Council and the EU Commission.

Apart from this case being novel, it will be the first such case in European Union (EU) case law to be brought before the court by an individual, coming as it does after the court, in an unprecedented move, allowed adjournment at Georgias’  personal request in Luxembourg last week. Georgias’ London solicitors are now preparing for the oral hearing of the case in the EU General Court’s Third Chamber before presiding Judge Dimitrios Gratsias sitting together with Judge Mariyana Kancheva and Judge Wetter, who allowed the postponement last week.  Georgias legal team led by Hugh Mercer QC of London’s Essex Court Chambers will do battle with the EU Commission legal adviser, Bart Driessen who together with Minas Konstantinidis is appearing for the EU Commission. Two other lawyers will appear for the EU Council.

In this historic case, Georgias and Others v Council and Commission (Case T-168/12) Guy Georgias will claim damages against the EU for non-contractual liability relying on two pleas in law. In the first plea Georgias alleges “unlawful actions in the adoption of EU Commission Regulation (EC) 412/2007 of 16 April 2007 amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe (JO L 101, p.6).’’ Read European Union (EU) sanctions against Zimbabwe.

In this first plea Georgias alleges: 1. “manifest error of assessment of the facts combined with breaches of the rights of the defence and to an effective judicial remedy; 2. misuse of power 3. breach of rights of the defence with regard to the renewals of the asset-freezing measures.

In the second plea, Georgias alleges that the damages incurred include: 1. the loss of specific business opportunities through the extra-territorial application of the asset freezing measures to all persons concerned doing business in the EU; 2. personal stress due to eventual loss of business in the EU; 3. losses arising from the application of the said Regulation to Senator Georgias in May 2007 and upon renewal thereof and leading to pecuniary and non-pecuniary damages in consequence of him being excluded from the EU territory and subjected to asset-freezing. For now  Georgias’ real worry is about getting “the financial resources needed’’ to pay for the solicitors’ fees .