Judgment of the General Court (Fifth Chamber) of 25 April 2013 — Gbagbo v Council
(Case T‑119/11)
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 — Alteration of heads of claim — Obligation to state reasons — Manifest error of assessment — Misuse of power — Rights of the defence — Right to property
1. Judicial proceedings — Measures repealing and replacing the contested measures in the course of the proceedings — Application to amend pleas for annulment formulated in the course of the proceedings — Lawfulness — Exception to the rule of time limits for the introduction of an action for annulment (Art. 263, sixth para., TFEU) (see paras 40-43)
2. Actions for annulment — Pleas in law — Infringement of essential procedural requirements — Inadequate statement of reasons — To be considered of the Court’s own motion — Obligation to comply with the audi alteram partem principle (Arts 263, fourth para., TFEU and 296 TFEU) (see paras 48, 49)
3. Acts of the institutions — Statement of reasons — Obligation — Scope — Restrictive measures against the Ivory Coast — 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 that measure — Obligation to identify in the statement of reasons the specific and concrete elements justifying that measure — Decision falling within a context known to the person concerned, enabling him to understand the scope of the measure taken in his regard — Admissibility of a summary statement of reasons (Art. 296 TFEU; Council Regulations No 25/2011 and No 330/2011; Council Decisions 2011/18 and 2011/221) (see paras 51-57)
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 — Limited review for general rules — Review extending to assessment of the facts and verification of the evidence for measures applying to specific bodies (Art. 29 TEU; Art. 215(2) TFEU; Council Regulation No 560/2005, Art. 11a(1) and (2); Council Decision 2010/656, Art. 7(1) and (2) (see paras 66-68)
5. Actions for annulment — Pleas in law — Misuse of powers — Concept (Art. 263, second para., TFEU) (see para. 78)
6. Actions for annulment — Pleas in law — Misuse of powers — Restrictive measures against the Ivory Coast — Freezing of funds of certain persons and entities in light of the situation in the Ivory Coast — No misuse (Art. 21 TEU; Council Regulations No 25/2011 and No 330/2011; Council Decisions 2011/18 and 2011/221) (see paras 78-85)
7. European Union — Common foreign and security policy — Restrictive measures against the Ivory Coast — Freezing of funds of certain persons and entities in light of the situation in the Ivory Coast — Obligation to provide legal guarantees for persons and bodies involved concerning the procedure to be followed in ascertaining the matters held against them and access to the EU judicature (Art. 215(3) TFEU; Council Regulation No 560/2005, Arts 2a, 11a(3), (4) and (6), and Annex IA; Council Decision 2010/656, Arts 7(3) and (4), 8 and 10(3)) (see paras 87-95)
8. Acts of the institutions — No general obligation to inform the addressees of measures of the judicial remedies available and of the time limits (Arts 263, fourth and sixth paras, TFEU and 275, second para., TFEU; Council Regulations No 25/2011 and No 330/2011; Council Decisions 2011/18 and 2011/221) (see para. 95)
9. Judicial proceedings — Application initiating proceedings — Formal requirements — Clear and precise statement of the pleas relied on — Fundamental rights — Rights of defence — Right to be heard — Right to an effective judicial remedy — Infringement of those rights — None (Charter of Fundamental Rights of the European Union, Arts 41 and 47; Statute of the Court of Justice, Art. 21, first para; Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 99)
10. EU Law — Principles — Rights of defence — Right to an effective judicial remedy — Scope — Restrictive measures against the Ivory Coast — Freezing of funds of certain persons and entities in light of the situation in the Ivory Coast — Measures without penal character (Charter of Fundamental Rights of the European Union, Arts 41 and 47; Council Regulations No 25/2011 and No 330/2011; Council Decisions 2011/18 and 2011/221) (see paras 100-102)
11. EU Law — Principles — Rights of defence — 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 to communicate the inculpatory elements and right to be heard prior to the adoption of such measures — Rights guaranteed by judicial review exercised by the EU judicature and by the possibility of a hearing after the measures are taken (Council Regulation No 560/2005, Art. 11a(3); Council Decision 2010/656, Art. 7(3)) (see paras 103, 104)
12. EU Law — Principles — Fundamental rights — Right to property — Restrictions justified in the public interest — Measure of freezing of funds — Lawfulness — Conditions (Charter of Fundamental Rights of the European Union, Art. 17; Council Regulation No 560/2005; Council Decision 2010/656) (see paras 112-119)
Re:
| Initially, an 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), in so far as those measures concern the applicant. |
Operative part
The Court:
2. | | Orders Mrs Simone Gbagbo to bear her 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. |