Judgment of the General Court (Seventh Chamber) of 21 January 2016 —
Makhlouf v Council
(Case T‑443/13)
Common foreign and security policy — Restrictive measures against Syria — Freezing of funds — Obligation to state reasons — Rights of defence — Right to effective judicial protection — Manifest error of assessment — Right to property — Right to respect for private life — Proportionality
1. 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 individual communication (Arts 263, sixth para., TFEU and 275, second para., TFEU; Council Decision 2013/255/CFSP, Art. 30(2)) (see paras 20-23, 52)
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; Council Decision 2013/255/CFSP, Art. 30(2)) (see paras 26-30)
3. 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, Arts 41(2), and 47; Council Decision 2013/255/CFSP) (see paras 37, 38, 40, 42-48, 51-54)
4. 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 paras 49, 50)
5. 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 — Decision falling within a context known to the person concerned — Whether a summary statement of reasons is sufficient (Art. 296 TFEU; Council Decision 2013/255/CFSP) (see paras 63-70)
6. Acts of the institutions — Statement of reasons — Obligation — Scope — Restrictive measures against Syria — Freezing of funds of persons, entities or bodies having regard to the situation in Syria — Limits to that obligation — Overriding considerations concerning the security of the Union and its Member States — Adverse effect on the legitimate interests of the person concerned (Art. 296 TFEU; Council Decision 2013/255/CFSP) (see paras 75, 76)
7. 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 (Art. 275, second para., TFEU; Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2013/255/CFSP) (see paras 85, 86, 97)
8. Common foreign and security policy — Restrictive measures against Syria — Freezing of the funds of persons, entities or organisations associated with the Syrian regime — Application to natural persons solely because of their family connection with the country’s leaders — Lawfulness (Arts 75 TFEU and 215 TFEU; Council Decision 2013/255/CFSP) (see paras 87-89)
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) (see paras 106-109, 111-117)
Re:
| APPLICATION for partial 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 act concerns the applicant. |
Operative part
The Court:
2. | | Orders Mr Mohammad Makhlouf to bear his own costs and to pay the costs incurred by the Council of the European Union. |