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Annani Maruta in Luxembourg
The landmark case against the illegal sanctions imposed by the European Union on Zimbabwe instituted by Trinity Engineering boss Cde Aguy Georgias, remains alive after the EU general court sitting in Luxembourg last Thursday allowed adjournment for two weeks.
The adjournment came after Cde Georgias’ request.
Earlier, the court had turned down an application by Georgias’ London solicitors, Bates, Wells and Braithwaite to postpone the oral hearing of the case which had been set for March 13.
After a lengthy meeting in Luxembourg in the judges chambers, before the sitting between Georgias and the three judges lead by presiding Jude Dimitrios Gratsias, the court allowed the postponement to a date not later than two weeks for the hearing in the EU Courts Third Chamber.
The other two judges are Judge Mariyana Kancheva and Judge Wetter.
The four lawyers representing the EU council and the EU commission, who met the judges separately in their chambers, did not oppose.
The court’s decision was welcome relief for Georgias to sort matters with his London solicitors who did not make trip to Luxembourg due to outstanding payments.
The hearing would, therefore, have proceeded with Georgias unrepresented had he not personally made the request for postponement to the judges.
According to the court rules of procedure, Georgias cannot self act, and will only address the court through his agents or lawyers
Georgias had to seek the extension in order to put funds in place for his legal team lead by Hugh Mercer QC of London’s Essex Court Chambers to go for the hearing.
His case would have faltered on grounds of Rules of Procedure had he not sought adjournment in this unprecedented move.
“You are a tough cookie,” is all the EU Commission legal advisor, Bart Driessen who together with Minus Konstantinidis is appearing for the EU commission could say to Georgias after the sitting of the court.
Two other lawyers appeared for EU council.
In the historic case, Georgias and Others v Council and Commission (Case T- 168/12), Georgias is claiming 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 April 16, 2007 amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe (JO L101, p.6).
Georgias was elated with EU General Courts’ decision to allow adjournment.
“I have spent a lot of money on this case against sanctions on Zimbabwe which I have mitigated since 2005,” he said.
“First, it was with the British High Court and now with EU General Court in Luxembourg.
“I have a right to a fair hearing and I am thankful to the judges for accepting my request in the interest of justice.”
He is concerned, however, that “the financial burden has been awesome for an individual to carry, my appeals for assistance from other concerned corporates having fallen on deaf ears.
“This is sad considering the collateral damage we have all suffered as Zimbabweans,” he said.
Online Reporter