Order of the General Court (Seventh Chamber) of 1 September 2015

1. Actions for annulmentJudgment annulling a measureScopeAbsolute authority of res judicataScope (see paras 21-24)

2. Actions for annulmentTime-limitsPoint from which time starts to runNotificationConceptNotification to an applicant’s representativeCondition (Art. 263, sixth para., TFEU) (see paras 27, 28)

3. Actions for annulmentTime-limitsPoint from which time starts to runMeasure entailing restrictive measures against a person or bodyMeasure published and notified to the addresseesAddress of the person concerned known at the time the measure was adoptedTime-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 lawPrinciplesRights of defenceRight to effective judicial protectionRestrictive measures against SyriaProhibition of entry and transit and freezing of funds of certain persons and entities responsible for violent repression against the civilian populationObligation to disclose incriminating evidenceScope (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 policyRestrictive measures against SyriaProhibition of entry and transit and freezing of funds of certain persons and entities responsible for violent repression against the civilian populationRights of defenceCommunication of inculpatory evidenceSubsequent decision maintaining the name of the applicant on the list of persons covered by those measuresNo new groundsNo 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 lawPrinciplesRights of defenceRestrictive measures against SyriaProhibition of entry and transit and freezing of funds of certain persons and entities responsible for violent repression against the civilian populationRight of access to documentsRight subject to request for access being made to the Council (Council Decision 2013/255/CFSP) (see para. 47)

7. 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 Decision 2013/255/CFSP) (see paras 61-67)

8. European UnionJudicial review of the legality of the acts of the institutionsRestrictive measures against SyriaProhibition of entry and transit and freezing of funds of certain persons and entities responsible for violent repression against the civilian populationAmbit 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 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 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. The action is dismissed as manifestly lacking any foundation in law.

2. Mr Eyad Makhlouf is ordered to bear the costs.