Judgment of the General Court (Ninth Chamber, Extended Composition) of 12 February 2020

1. Acts of the institutionsStatement of reasonsObligationScopeRestrictive measures directed against the Democratic Republic of the CongoFreezing of funds of persons undermining the rule of law or contributing to the commission of acts that constitute serious human rights violationsMinimum requirements

(Art. 296 TFEU; Council Decision 2010/788/CFSP, as amended by Decision (CFSP) 2017/2282, Annex II)

(see paras 32, 34-36)

2. Common foreign and security policyRestrictive measures directed against the Democratic Republic of the CongoFreezing of funds of persons undermining the rule of law or contributing to the commission of acts that constitute serious human rights violationsObligation to identify in the statement of reasons individual and specific reasons justifying such measuresDecision falling within a context known to the person concerned, enabling him or her to understand the scope of the measure taken against him or her

(Art. 296 TFEU; Council Decision 2010/788/CFSP, as amended by Decision (CFSP) 2017/2282, Annex II)

(see paras 33, 41-45)

3. EU lawPrinciplesRights of defenceRight to effective judicial protectionRestrictive measures directed against the Democratic Republic of the CongoFreezing of funds of persons undermining the rule of law or contributing to the commission of acts that constitute serious human rights violationsObligation to disclose individual and specific grounds for the decisions adoptedObligation to enable the person concerned effectively to put forward his or her point of view on the grounds held against him or herScope

(Charter of Fundamental Rights of the European Union, Art. 41(2)(a); Council Decision 2010/788/CFSP, as amended by Decision (CFSP) 2017/2282, Annex II)

(see paras 49, 50, 52)

4. Common foreign and security policyRestrictive measures directed against the Democratic Republic of the CongoFreezing of fundsRights of defenceSubsequent decision maintaining the name of the applicant on the list of persons covered by those measuresNo new groundsCouncil’s obligation to communicate to the person concerned the new evidence taken into account when periodically re-examining the restrictive measuresNo communication of the new evidence to the person concerned so that he or she can submit his or her obligationsInfringement of the rights of the defence

(Council Decision 2010/788/CFSP, as amended by Decision (CFSP) 2017/2282, Art. 9(2), and Annex II)

(see paras 54-61, 64, 67)

5. EU lawPrinciplesRights of defenceRestrictive measures directed against the Democratic Republic of the CongoObligation of the institutions to communicate to the person concerned the new evidence taken into account when periodically re-examining the restrictive measuresScopeUnlawfulness of the act depending on proving the procedural relevance of the infringement of that obligationNo relevance in the present case

(Council Decision 2010/788/CFSP, as amended by Decision (CFSP) 2017/2282, Annex II)

(see paras 68-71, 73, 76)

6. Common foreign and security policyRestrictive measures directed against the Democratic Republic of the CongoScopePersons who have been involved in planning, directing, or committing acts that constitute serious human rights violations or abusesConceptPersons who have committed those acts in the past despite there being no evidence proving current involvement or participation in such actsIncludedInterpretation borne out by the possibility of extending restrictive measuresEffectiveness

(Council Decision 2010/788/CFSP, as amended by Decisions (CFSP) 2016/2231 and (CFSP) 2017/2282, Arts 3(2)(b) and 9(2))

(see paras 81-84, 86)

7. European UnionJudicial review of the legality of the acts of the institutionsRestrictive measures directed against the Democratic Republic of the CongoScope of the reviewInclusion of the applicant on the list annexed to the contested decision on the basis of his dutiesDocuments accessible to the public showing that serious human rights violations have been committedProbative valuePrinciple of the unfettered evaluation of evidence

(Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2010/788/CFSP, as amended by Decision (CFSP) 2017/2282, Annex II)

(see paras 93-95, 98, 99)

8. Common foreign and security policyRestrictive measures directed against the Democratic Republic of the CongoFreezing of funds of persons undermining the rule of law or contributing to the commission of acts that constitute serious human rights violationsCriteriaRoles conferring responsibility for the repression of the civil population or compliance with the rule of lawNo error of assessment

(Council Decision 2010/788/PESC, as amended by Decisions (CFSP) 2016/2231 and (CFSP) 2017/2282, Annex II)

(see paras 106-109)

9. Plea of illegalityScopeMeasures the illegality of which may be pleadedGeneral measure providing the basis of the contested decisionNo need for a legal connection between the contested measure and the contested general measureInadmissibility

(Art. 277 TFEU; Council Decision 2010/788/CFSP, Art. 3(2)(b); Council Regulation No 1183/2005, Art. 2b(1)(b))

(see paras 118, 119)

10. European UnionJudicial review of the legality of the acts of the institutionsRestrictive measures directed against the Democratic Republic of the CongoScope of the reviewRestricted review for general rulesCriteria for adopting restrictive measuresInvolvement in planning, directing or committing acts that constitute serious human rights violationsScopeCompliance with the principle of legal certainty requiring clarity, precision and foreseeability of the effects of legal rules

(Arts 3(5) and 21(2)(b) and (c) TEU; Art. 275, second para. TFEU; Council Decisions 2010/788/CFSP, Art. 3(2)(b) and (CFSP) 2016/2231, Recitals 3 and 4; Council Regulation No 1183/2005)

(see paras 120-130)

Re:

Application based on Article 263 TFEU seeking annulment of Council Decision (CFSP) 2017/2282 of 11 December 2017 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2017 L 328, p. 19), in so far as it concerns the applicant.

Operative part

The Court:

1. Dismisses the action;

2. Orders Mr Ilunga Kampete to pay the costs.