Judgment of the General Court (Seventh Chamber) of 12 February 2015 —
Akhras v Council
(Case T‑579/11)
Common foreign and security policy — Freezing of funds — Rights of the defence — Obligation to state reasons — Manifest error of assessment — Right to life — Right to property — Right to respect for private life — Proportionality
1. Actions for annulment — Jurisdiction of the EU judicature — Claim seeking that directions be issued to an institution — Claim for a declaratory judgment — Inadmissibility (Art. 263 TFEU) (see paras 50, 51)
2. Acts of the institutions — Statement of reasons — Obligation — Scope — Restrictive measures against Syria — Freezing of funds of persons, entities or bodies associated with the Syrian regime — Decision falling within a context known to the person concerned — Whether a summary statement of reasons is sufficient — Description, without demonstration, of the applicant as the founder on an industrial group giving economic support to the regime — Infringement of the duty to state reasons (Art. 296 TFEU; Council Decisions 2011/273/CFSP and 2011/522/CFSP) (see paras 57-71)
3. EU law — Principles — Rights of defence — Right to effective judicial protection — Restrictive measures against Syria — Freezing of funds of persons, entities or bodies associated with the Syrian regime — Obligation to disclose incriminating evidence — Scope — Notification to the person concerned by means of a publication in the Official Journal of the European Union — Lawfulness (Art. 6(1) TEU; Charter of Fundamental Rights of the European Union, Arts 41(2)(a), and 47; Council Decisions 2011/782/CFSP and 2013/255/CFSP; Council Regulation No 36/2012) (see paras 76-83, 89)
4. EU law — Principles — Rights of defence — Restrictive measures against Syria — Freezing of funds of persons, entities or bodies associated with the Syrian regime — Right of access to documents — Right subject to request for access being made to the Council (Council Decision 2011/782/CFSP, Art. 21(2) and (3), and 2013/255/CFSP, Art. 30(2) and (3); Council Regulation No 36/2012, Art. 32(2) and (3)) (see paras 92, 93)
5. Common foreign and security policy — Restrictive measures against Syria — Freezing of funds of persons, entities or bodies associated with the Syrian regime — Evidence — Recourse to presumptions — Lawfulness — Rebuttable — No infringement of the rights of the defence (Art. 6(1) TEU; Charter of Fundamental Rights of the European Union, Art. 41(2)(a); Council Decisions 2011/273/CFSP and 2011/782/CFSP; Council Regulation No 36/2012) (see paras 112-115, 126)
6. EU law — Principles — Rights of defence — Restrictive measures against Syria — Freezing of funds of persons, entities or bodies associated with the Syrian regime — Disclosure of inculpatory evidence — Limits — Safety of the Union and the Member States or conduct of their international relations (Council Decision 2011/782/CFSP, second and third recitals) (see para. 115)
7. European Union — Judicial review of the legality of the acts of the institutions — Restrictive measures against Syria — Freezing of funds of persons, entities or bodies associated with the Syrian regime — Ambit of the review (Charter of Fundamental Rights of the European Union, Art. 47; Council Decisions 2011/273/CFSP and 2011/782/CFSP; Council Regulation No 36/2012) (see paras 125, 134)
8. Common foreign and security policy — Restrictive measures against Syria — Freezing of funds of persons, entities or bodies associated with the Syrian regime — Freezing of funds and economic resources — Restrictions of the right to property and the right to respect for private life — No breach of principle of proportionality (Charter of Fundamental Rights of the European Union, Arts 7 and 17; Council Decisions 2011/273/CFSP and 2011/782/CFSP; Council Regulation No 36/2012) (see paras 143-153)
Re:
| APPLICATION for annulment of Council Decision 2011/522/CFSP of 2 September 2011 amending Decision 2011/273/CFSP concerning restrictive measures against Syria (OJ 2011 L 228, p. 16), Council Regulation (EU) No 878/2011 of 2 September 2011 amending Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria (OJ 2011 L 228, p. 1), Council Decision 2011/628/CFSP of 23 September 2011 amending Decision 2011/273/CFSP concerning restrictive measures against Syria (OJ 2011 L 247, p. 17), Council Regulation (EU) No 1011/2011 of 13 October 2011 amending Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria (OJ 2011 L 269, p. 18), Council Decision 2011/782/CFSP of 1 December 2011 concerning restrictive measures against Syria and repealing Decision 2011/273/CFSP (OJ 2011 L 319, p. 56), Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011 (OJ 2012 L 16, p. 1), Council Implementing Decision 2012/172/CFSP of 23 March 2012 implementing Decision 2011/782 (OJ 2012 L 87, p. 103), Council Implementing Regulation (EU) No 266/2012 of 23 March 2012 implementing Article 32(1) of Regulation (EU) No 36/2012 (OJ 2012 L 87, p. 45), Council Decision 2012/739/CFSP of 29 November 2012 concerning restrictive measures against Syria and repealing Decision 2011/782 (OJ 2012 L 330, p. 21), Council Implementing Decision 2013/185/CFSP of 22 April 2013 implementing Decision 2012/739 (OJ 2013 L 111, p. 77), Council Implementing Regulation (EU) No 363/2013 of 22 April 2013 implementing Regulation No 36/2012 (OJ 2013 L 111, p. 1), Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (OJ 2013 L 147, p. 14), Council Implementing Decision 2014/730/CFSP of 20 October 2014 implementing Decision 2013/255 (OJ 2014 L 301, p. 36) and Council Implementing Regulation (EU) No 1105/2014 of 20 October 2014 implementing Regulation No 36/2012 (OJ 2014 L 301, p. 7) in so far as those acts concern the applicant. |
Operative part
The Court:
1. | | Annuls Council Decision 2011/522/CFSP of 2 September 2011 amending Decision 2011/273/CFSP concerning restrictive measures against Syria, Council Regulation (EU) No 878/2011 of 2 September 2011 amending Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria, Council Decision 2011/628/CFSP of 23 September 2011 amending Decision 2011/273/CFSP concerning restrictive measures against Syria, Council Regulation (EU) No 1011/2011 of 13 October 2011 amending Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria, Council Decision 2011/782/CFSP of 1 December 2011 concerning restrictive measures against Syria and repealing Decision 2011/273/CFSP, and Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011, in so far as those acts concern Mr Tarif Akhras; |
2. | | Dismisses the action as to the remainder; |
3. | | Orders the parties to bear their own costs in relation to these proceedings; |
4. | | Orders Mr Akhras to bear his own costs and to pay those of the Council of the European Union in relation to the interim relief proceedings. |