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Herald Reporter—
TRINITY Engineering boss Mr Aguy Clement Georgias is demanding €6 million and any sum that the European court “deems appropriate to compensate him for non-pecuniary damages” and “interest at the rate of 8 percent per annum on the sum or any other rate that the court may award” for the illegal sanctions the European bloc imposed on him.
His case has been set down for hearing on April 3 at the EU General Court in Luxembourg for what is set to be an epic legal contest between his solicitors Hugh Mercer QC advised by lawyers from Bates Wells and Braithwaite and the four lawyers representing the EU Council and the EU Commission.
For now, however, Mr Georgias’ real worry is not about the merits of his case, much is as he is hopeful of a good outcome. It is about getting “the financial resources needed’’ to pay for the solicitors’ fees in order that they can appear for him at the court.
“I haven’t got much time and I am weary that nobody appears interested in making the burden light for me. To my mind this is a matter that is and should be of national concern to the extent others in business ought to be willing to heed my appeals for assistance. I am actually concerned that we all appear unfazed by the reality of sanctions when companies are closing down due to the harsh economic condition. It is even more sad when one considers the suffering we all as Zimbabweans have endured.”
Both sides have already submitted written arguments. What the court will now do is to listen to oral presentations by both sides. After this the three judges, who will each write a separate opinion, will make a ruling and that will be the court’s final decision.
In their application Mr Georgias lawyers are also asking the court to “order an inquiry into the level of damage suffered by the applicants, if and to the extent that it finds it necessary also order the Commission and/or the Council to pay the costs incurred by the applicants in the present proceedings”.
There is, however, apparent interest in the outcome of Mr Georgias’ case against the EU sanctions, in both academic and political terms. EU and US sanctions on Zimbabwe have subject of heated debate as to whether they can largely be the cause of the economic crisis that has gripped Zimbabwe for longer than a decade.
It is, however, widely acknowledged that this is so with even NANGO, the umbrella body for non-governmental organisations now accepting the fact after years of denial in which they placed blame solely on Zanu-PF and the Zimbabwe Government for the nation’s distressed social and economic condition.
The EU recently announced the suspension of the remaining measures on Zimbabwe commencing November 1, 2014. The Zimbabwe Government has, however, demanded that the measures be lifted fully as President Mugabe and the First Family remain listed.
Apart from Mr Georgias’ case being novel, it will be the first such case in European Union 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 Mr Georgias’ personal request in Luxembourg last week.
Mr Gorgias’ 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.
Mr 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, Mr 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 Mr 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 Mr 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.
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