Order of the General Court (Seventh Chamber) of 1 September 2015 —
Makhlouf v Council
(Case T‑441/13)
Action for annulment — Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Error of assessment — Right to property — Right to respect for private life — Proportionality — Force of res judicata — Time-limit for bringing an action — Admissibility — Action manifestly lacking any foundation in law
1. Actions for annulment — Judgment annulling a measure — Scope — Absolute authority of res judicata — Scope (see paras 21-24)
2. Actions for annulment — Time-limits — Point from which time starts to run — Notification — Concept — Notification to an applicant’s representative — Condition (Art. 263, sixth para., TFEU) (see paras 27, 28)
3. Actions for annulment — Time-limits — Point from which time starts to run — Measure entailing restrictive measures against a person or body — Measure published and notified to the addressees — Address of the person concerned known at the time the measure was adopted — Time-limit starting to run as from the date of the individual communication (Art. 263, sixth para., TFEU; Rules of Procedure of the General Court (2011), Art. 102(2); Council Decision 2013/255/CFSP) (see para. 32)
4. EU law — Principles — Rights of defence — Right to effective judicial protection — 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 — Obligation to disclose incriminating evidence — Scope (Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2013/255/CFSP) (see paras 41, 42, 49)
5. 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 — Rights of defence — Communication of inculpatory evidence — Subsequent decision maintaining the name of the applicant on the list of persons covered by those measures — No new grounds — No infringement of the right to be heard (Charter of Fundamental Rights of the European Union, Art. 41(2)(a); Council Decision 2013/255/CFSP) (see paras 44-46)
6. EU law — Principles — Rights of defence — 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 — Right of access to documents — Right subject to request for access being made to the Council (Council Decision 2013/255/CFSP) (see para. 47)
7. 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 Decision 2013/255/CFSP) (see paras 61-67)
8. European Union — Judicial review of the legality of the acts of the institutions — 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 — Ambit of the review (Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2013/255/CFSP) (see paras 76, 77)
9. 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 Decision 2013/255/CFSP, Arts 27(6), and 28(3) to (11)) (see paras 90-95)
Re:
| APPLICATION for annulment of Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (OJ 2013 L 147, p. 14), in so far as that decision concerns the applicant. |
Operative part
1. | | 1. The action is dismissed as manifestly lacking any foundation in law. |
2. | | 2. Mr Eyad Makhlouf is ordered to bear the costs. |