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Language of document : ECLI:EU:T:2014:1044

Judgment of the General Court (First Chamber) of 9 December 2014 — BelTechExport v Council

(Case T‑438/11)

Common foreign and security policy — Restrictive measures adopted against Belarus — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to be heard

1. Judicial proceedings — Measures repealing and replacing the contested measure in the course of proceedings — Application to amend pleas for annulment formulated in the course of the proceedings — Lawfulness — Time-limit for the submission of such an application — Point from which time starts to run — Date of communication of the new measure to the parties concerned (Art. 263, sixth para., TFEU; Rules of Procedure of the General Court, Arts 48(2), and 102) (see paras 54, 67, 68, 71)

2. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Restrictive measures against Belarus — Regulation carrying out a re-examination of the list of persons, groups or entities covered and complementing that list without repealing it — Action brought by a person appearing on the list but not mentioned in the said regulation — Admissibility (Art. 263 TFEU; Council Regulations No 765/2006 and No 1000/2011) (see paras 59-61)

3. Acts of the institutions — Statement of reasons — Obligation — Scope — Restrictive measures against Belarus — Freezing of funds of certain persons and bodies in view of the situation in Belarus — Minimum requirements (Art. 296 TFEU; Council Decisions 2011/357/CFSP, 2011/666/CFSP and 2012/642/CFSP; Council Regulations No 588/2011, No 1000/2011 and No 1017/2012) (see paras 79-85)

4. Common foreign and security policy — Restrictive measures against Belarus — Freezing of funds of certain persons and bodies in view of the situation in Belarus — Obligation to extend that measure to entities owned or controlled by such an entity — Condition — Acts instituting restrictive measures providing for application of the latter to the said owned or controlled entities (see paras 88, 89)

5. Common foreign and security policy — Restrictive measures against Belarus — Freezing of funds — Rights of defence — Disclosure of inculpatory evidence — Subsequent decision maintaining the name of the applicant on the list of persons covered by those measures — Existence of new grounds — Infringement of the right to be heard (Council Decision 2012/642/CFSP; Council Regulation No 1017/2012) (see paras 117, 118)

Re:

APPLICATION for annulment of Council Decision 2011/357/CFSP of 20 June 2011 amending Decision 2010/639/CFSP concerning restrictive measures against certain officials of Belarus (OJ 2011 L 161, p. 25), Council Regulation (EU) No 588/2011 of 20 June 2011 amending Regulation (EC) No 765/2006 concerning restrictive measures against President Lukashenko and certain officials of Belarus (OJ 2011 L 161, p. 1), Council Decision 2011/666/CFSP of 10 October 2011 amending Decision 2010/639/CFSP concerning restrictive measures against Belarus (OJ 2011 L 265, p. 17), Council Implementing Regulation (EU) No 1000/2011 of 10 October 2011 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus (OJ 2011 L 265, p. 8), Council Decision 2012/642/CFSP of 15 October 2012 concerning restrictive measures against Belarus (OJ 2012 L 285, p. 1), Council Implementing Regulation (EU) No 1017/2012 of 6 November 2012 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus (OJ 2012 L 307, p. 7), Council Decision 2013/534/CFSP of 29 October 2013 amending Decision 2012/642 (OJ 2013 L 288, p. 69), and Council Implementing Regulation (EU) No 1054/2013 of 29 October 2013 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus (OJ 2013 L 288, p. 1), in so far as those acts concern the applicant.

Operative part

The Court:

Annuls Council Decision 2011/357/CFSP of 20 June 2011, amending Decision 2010/639/CFSP concerning restrictive measures against certain officials of Belarus, Council Regulation (EU) No 588/2011 of 20 June 2011 amending Regulation (EC) No 765/2006 concerning restrictive measures against President Lukashenko and certain officials of Belarus, Council Decision 2011/666/CFSP of 10 October 2011 amending Decision 2010/639/CFSP concerning restrictive measures against Belarus, Council Implementing Regulation (EU) No 1000/2011 of 10 October 2011 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus, Council Decision 2012/642/CFSP of 15 October 2012 concerning restrictive measures against Belarus, and Council Implementing Regulation (EU) No 1017/2012 of 6 November 2012 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus, in so far as those acts concern BelTechExport ZAO;

Dismisses the action as being inadmissible in so far as it concerns Council Decision 2013/534/CFSP of 29 October 2013 amending Decision 2012/642 and Council Implementing Regulation (EU) No 1054/2013 of 29 October 2013 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus;

Orders the Council of the European Union to bear its own costs and to pay those incurred by BelTechExport;

Orders the European Commission to bear its own costs.