Judgment of the General Court (Fifth Chamber) of 25 April 2013 — Gossio v Council
(Case T‑130/11)
Common foreign and security policy — Specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire — Freezing of funds — Obligation to state reasons — Manifest error of assessment
1. Actions for annulment — Interest in bringing proceedings — Act repealing and replacing the contested measure during the proceedings — No application to amend the pleas for annulment — Continuing interest of the applicant in obtaining the annulment of the contested measure (Art. 263, fourth para., TFEU; Council Regulation No 560/2005, as amended by Regulation No 25/2011, Annex IA; Council Decision 2010/656, as modified by Decision 2011/18, Annex II) (see paras 31-34)
2. Acts of the institutions — Statement of reasons — Obligation — Scope — Restrictive measures against the Ivory Coast — Freezing of funds of certain persons and entities in light of the situation in the Ivory Coast — No obligation first to hear the person subject to the measure — Obligation to identify in the statement of reasons the specific and concrete elements justifying the said measure — Decision falling within a context known to the person concerned, enabling him to understand the scope of the measure taken against him — Admissibility of a summary statement of reasons (Art. 296 TFEU; Council Regulation No 560/2005, as amended by Regulation No 25/2011, Annex IA; Council Decision 2010/656, as amended by Decision 2011/18, Annex II) (see paras 40-46)
3. Actions for annulment — Pleas in law — Infringement of essential procedural requirements — Obligation to state reasons — Plea distinct from that of the lawfulness of the contested decision (Art. 263, second para., TFEU) (see para. 52)
4. European Union — Judicial review of the legality of the acts of the institutions — Restrictive measures against the Ivory Coast — Freezing of funds of certain persons and entities in light of the situation in the Ivory Coast — Judicial review — Scope — Restricted review for general rules — Review extending to assessment of facts and verification of evidence for measures applying to specific bodies (Art. 29 TEU; Art. 215(2) TFEU; Council Regulation No 560/2005, as amended by Regulation No 25/2011, Art. 11a(1) and (2); Council Decision 2010/656, as amended by Decision 2011/18, Art. 7(1) and (2)) (see paras 56-58)
Re:
| APPLICATION for annulment, first, of Council Decision 2011/18/CFSP of 14 January 2011 amending Council Decision 2010/656/CFSP renewing the restrictive measures against Côte d’Ivoire (OJ 2011 L 11, p. 36), and, second, of Council Regulation (EU) No 25/2011 of 14 January 2011 amending Regulation (EC) No 560/2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire (OJ 2011 L 11, p. 1). |
Operative part
The Court:
2. | | Orders Mr Marcel Gossio to bear his own costs and those incurred by the Council of the European Union; |
3. | | Orders the Republic of Côte d’Ivoire and the European Commission to bear their own costs. |