Judgment of the General Court (Eighth Chamber) of 30 June 2016 —
CW v Council
(Case T‑516/13)
Common Foreign and Security Policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Freezing of funds –Inclusion of the applicant’s name on the basis of new grounds following the annulment of the previous measures freezing funds — Right to property — Proportionality — Factual error — Misuse of powers — Non-contractual liability — Causal link
1. Common foreign and security policy — Restrictive measures against certain persons and entities in view of the situation in Tunisia — Freezing of funds of persons involved in the misappropriation of public funds and of natural or legal persons, bodies or organisations associated with them — Misappropriation of public funds — Definition — Independent and uniform interpretation — Broad interpretation (Council Decision 2011/72/CFSP, Art. 1(1)) (see paras 60, 69-72, 76)
2. EU law — Interpretation — Methods — Literal, systematic and teleological interpretation — Effectiveness (Council Decision 2011/72/CFSP, Art. 1(1)) (see paras 62, 63, 67, 68, 80, 110, 112, 118, 120, 123, 124)
3. Acts of the institutions — Choice of legal basis — Decision concerning the adoption of restrictive measures against certain persons and entities having regard to the situation in Tunisia — Freezing of funds of persons involved in the misappropriation of public funds and of natural or legal persons, bodies or organisations associated with them — Article 29 TEU — Lawfulness (Arts 21 TEU, 23 TEU, 24(1) TEU, 25 TEU, 28 TEU and 29 TEU; Art. 275, second para., TFEU; Council Decision 2011/72/CFSP) (see paras 65, 66)
4. European Union — Judicial review of the legality of the acts of the institutions — Restrictive measures against certain persons and entities in view of the situation in Tunisia — Freezing of funds of persons involved in the misappropriation of public funds and of natural or legal persons, bodies or organisations associated with them — Ambit of the review — Proof the measure well-founded — No obligation on the Council systematically to verify evidence submitted by the authorities of a non-Member country (Charter of Fundamental Rights of the European Union, Art. 47; Council Decisions 2011/72/CFSP and 2013/409/CFSP) (see paras 129-131, 141-143, 148-150)
5. Common foreign and security policy — Restrictive measures against certain persons and entities in view of the situation in Tunisia — Freezing of funds of persons involved in the misappropriation of public funds and of natural or legal persons, bodies or organisations associated with them — Restriction of the right to property and the free exercise of an economic activity — No breach of principle of proportionality (Art. 21(2)(b) and (d) TEU; Charter of Fundamental Rights of the European Union, Arts 16, 17(1), and 52(1); Council Decisions 2011/72/CFSP and 2013/409/CFSP) (see paras 162-168, 173, 174, 183, 184, 187, 188)
6. Actions for annulment — Grounds — Misuse of powers — Definition (see para. 193)
7. Judicial proceedings — Res judicata — Scope — Dismissal, in a first judgment, of a claim for compensation for damage, in the absence of proof of the reality and extent of the alleged damage and the existence of a causal link — New claim seeking compensation for damage caused by the same illegality as that at issue in the dismissing judgment — Inadmissibility (Arts 268 TFEU and 340 TFEU) (see paras 216, 217)
8. Non-contractual liability — Conditions — Unlawfulness — Damage — Causal link — One of the conditions not satisfied — Claim for compensation dismissed in its entirety (Art. 340, second para., TFEU) (see paras 220, 225, 242, 243)
9. Non-contractual liability — Conditions — Actual and certain damage — Burden of proof (Art. 340, second para., TFEU) (see paras 227, 228)
Re:
| First, application based on Article 264 TFEU and seeking the annulment of Council Implementing Decision 2013/409/CFSP of 30 July 2013 implementing Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2013, L 204, p. 52), in so far as that decision concerns the applicant and, secondly, an application based on Article 268 TFEU and seeking compensation in respect of the harm allegedly suffered by the applicant. |
Operative part
The Court:
2. | | Orders CW to bear his own costs and pay those incurred by the Council of the European Union. |