Judgment of the General Court (Seventh Chamber) of 21 January 2015 — Makhlouf v Council
(Case T‑509/11)
Common foreign and security policy — Restrictive measures against Syria — Freezing of funds — Duty to state reasons — Rights of the defence — Right to effective judicial protection — Manifest error of assessment — Right to property — Right to privacy — Proportionality
1. EU law — Principles — Rights of defence — Right to be heard — Right to a fair trial and effective judicial protection — Finding of an infringement by reference to an assessment in cocreto (Art. 6(1) TEU; Charter of Fundamental Rights of the European Union, Arts 41(2), 47 and 52(1)) (see paras 28-31, 93)
2. 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 individual and specific grounds for the decisions adopted — Scope (Charter of Fundamental Rights of the European Union, Arts 41(2), and 47; Council Decisions 2011/488/CFSP, 2011/782/CFSP and 2012/739/CFSP) (see paras 34-41, 43-47)
3. Acts of the institutions — Statement of reasons — Obligation — Scope — Restrictive measures against Syria — Prohibition of entry and transit and freezing of funds of certain persons and entities responsible for violent repression against the civilian population — Decision falling within a context known to the person concerned — Whether a summary statement of reasons is sufficient (Art. 296 TFEU; Council Decisions 2011/488/CFSP, 2011/782/CFSP and 2012/739/CFSP) (see paras 58-65)
4. Acts of the institutions — Statement of reasons — Obligation — Scope — Restrictive measures against Syria — Prohibition of entry and transit and freezing of funds of certain persons and entities responsible for violent repression against the civilian population — Minimum requirements (Art. 296 TFEU; Council Decisions 2011/488/CFSP, 2011/782/CFSP and 2012/739/CFSP) (see paras 71, 72)
5. European Union — Judicial review of the legality of the acts of the institutions — Restrictive measures against Syria — Ambit of the review (Charter of Fundamental Rights of the European Union, Art. 47; Council Decisions 2011/488/CFSP, Annex, 2011/782/CFSP, Annex I, and 2012/739/CFSP, Annex I) (see paras 81, 82)
6. Common foreign and security policy — Restrictive measures against Syria — Prohibition of entry and transit and freezing of funds of certain persons and entities responsible for violent repression against the civilian population — Application to natural persons solely because of their family connection with the country’s leaders — Lawfulness (Council Decisions 2011/488/CFSP, Annex, 2011/782/CFSP, Annex I, and 2012/739/CFSP, Annex I) (see paras 83-85)
7. Common foreign and security policy — Restrictive measures against Syria — Prohibition of entry and transit and freezing of funds of certain persons and entities responsible for violent repression against the civilian population — Restriction of the right to property and respect for private life — No breach of principle of proportionality (Charter of Fundamental Rights of the European Union, Arts 7 and 17; Council Decisions 2011/488/CFSP, Annex, 2011/782/CFSP, Annex I, and 2012/739/CFSP, Annex I) (see paras 103-113)
8. Common foreign and security policy — Restrictive measures against Syria — Prohibition of entry and transit and freezing of funds of certain persons and entities responsible for violent repression against the civilian population — Nature of those measures — No criminal character (Council Decisions 2011/488/CFSP, Annex, 2011/782/CFSP, Annex I, and 2012/739/CFSP, Annex I) (see para. 115)
Re:
| APPLICATION for annulment of Council Implementing Decision 2011/488/CFSP of 1 August 2011 implementing Decision 2011/273/CFSP concerning restrictive measures against Syria (OJ 2011 L 199, p. 74), 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) and Council Decision 2012/739/CFSP of 29 November 2012 concerning restrictive measures against Syria and repealing Decision 2011/782/CFSP (OJ 2012 L 330, p. 21), in so far as those acts concern the applicant. |
Operative part
The Court:
2. | | Orders Mr Mohammad Makhlouf to bear his own costs and to pay the costs incurred by the Council of the European Union. |