Judgment of the General Court (Seventh Chamber) of 21 January 2015

EU lawPrinciplesRights of defenceRight to be heardRight to a fair trial and effective judicial protectionFinding of an infringement by reference to an assessment in cocreto (Art. 6(1) TEU; Charter of Fundamental Rights of the European Union, Arts 41(2), 47 and 52(1)) (see paras 28-31, 93)

EU lawPrinciplesRights of defenceRight to effective judicial protectionRestrictive measures against SyriaFreezing of funds of persons, entities or bodies associated with the Syrian regimeObligation to disclose individual and specific grounds for the decisions adoptedScope (Charter of Fundamental Rights of the European Union, Arts 41(2), and 47; Council Decisions 2011/488/CFSP, 2011/782/CFSP and 2012/739/CFSP) (see paras 34-41, 43-47)

Acts of the institutionsStatement of reasonsObligationScopeRestrictive measures against SyriaProhibition of entry and transit and freezing of funds of certain persons and entities responsible for violent repression against the civilian populationDecision falling within a context known to the person concernedWhether a summary statement of reasons is sufficient (Art. 296 TFEU; Council Decisions 2011/488/CFSP, 2011/782/CFSP and 2012/739/CFSP) (see paras 58-65)

Acts of the institutionsStatement of reasonsObligationScopeRestrictive measures against SyriaProhibition of entry and transit and freezing of funds of certain persons and entities responsible for violent repression against the civilian populationMinimum requirements (Art. 296 TFEU; Council Decisions 2011/488/CFSP, 2011/782/CFSP and 2012/739/CFSP) (see paras 71, 72)

European UnionJudicial review of the legality of the acts of the institutionsRestrictive measures against SyriaAmbit of the review (Charter of Fundamental Rights of the European Union, Art. 47; Council Decisions 2011/488/CFSP, Annex, 2011/782/CFSP, Annex I, and 2012/739/CFSP, Annex I) (see paras 81, 82)

Common foreign and security policyRestrictive measures against SyriaProhibition of entry and transit and freezing of funds of certain persons and entities responsible for violent repression against the civilian populationApplication to natural persons solely because of their family connection with the country’s leadersLawfulness (Council Decisions 2011/488/CFSP, Annex, 2011/782/CFSP, Annex I, and 2012/739/CFSP, Annex I) (see paras 83-85)

Common foreign and security policyRestrictive measures against SyriaProhibition of entry and transit and freezing of funds of certain persons and entities responsible for violent repression against the civilian populationRestriction of the right to property and respect for private lifeNo breach of principle of proportionality (Charter of Fundamental Rights of the European Union, Arts 7 and 17; Council Decisions 2011/488/CFSP, Annex, 2011/782/CFSP, Annex I, and 2012/739/CFSP, Annex I) (see paras 103-113)

Common foreign and security policyRestrictive measures against SyriaProhibition of entry and transit and freezing of funds of certain persons and entities responsible for violent repression against the civilian populationNature of those measuresNo criminal character (Council Decisions 2011/488/CFSP, Annex, 2011/782/CFSP, Annex I, and 2012/739/CFSP, Annex I) (see para. 115)

Re:

APPLICATION for annulment of Council Implementing Decision 2011/488/CFSP of 1 August 2011 implementing Decision 2011/273/CFSP concerning restrictive measures against Syria (OJ 2011 L 199, p. 74), Council Decision 2011/782/CFSP of 1 December 2011 concerning restrictive measures against Syria and repealing Decision 2011/273/CFSP (OJ 2011 L 319, p. 56) and Council Decision 2012/739/CFSP of 29 November 2012 concerning restrictive measures against Syria and repealing Decision 2011/782/CFSP (OJ 2012 L 330, p. 21), in so far as those acts concern the applicant.

Operative part

The Court:

Dismisses the action;

Orders Mr Mohammad Makhlouf to bear his own costs and to pay the costs incurred by the Council of the European Union.