Judgment of the General Court (Seventh Chamber) of 14 July 2021

Data

Court: General Court

Case date: 14 juli 2021

Verdict

Judgment of the General Court (Seventh Chamber) of 14 July 2021 –
Harrington Padrón v Council

(Case T‑550/18)

"(Common foreign and security policy - Restrictive measures taken in view of the situation in Venezuela - Freezing of funds - Lists of persons, entities and bodies subject to the freezing of funds and economic resources - Inclusion of the applicant’s name on the lists - Error of assessment - Right to property)"

1. European UnionJudicial review of the legality of the acts of the institutionsRestrictive measures taken in view of the situation in VenezuelaScope of the reviewProof that the measure is well foundedObligation on the competent EU authority to establish, in the event of challenge, that the grounds held against the persons or entities concerned are well founded

(Charter of Fundamental Rights of the European Union, Art. 47; Council Decision (CFSP) 2017/2074, as amended by Decision (CFSP) 2018/901, Annex I; Council Regulations No 2017/2063, Annex IV and No 2018/899)

(see paras 35-38, 40)

2. European UnionJudicial review of the legality of the acts of the institutionsRestrictive measures taken in view of the situation in VenezuelaScope of the reviewInclusion of persons involved in undermining democracy and the rule of lawPublicly available documentsProbative valuePrinciple of the unfettered evaluation of evidence

(Council Decision (CFSP) 2017/2074, as amended by Decision (CFSP) 2018/901, Annex I; Council Regulations No 2017/2063, Annex IV and No 2018/899)

(see para. 39)

3. Common foreign and security policyRestrictive measures taken in view of the situation in VenezuelaFreezing of funds of persons responsible for serious violations of human rights or undermining the rule of lawCriteriaDuties giving rise to responsibility for undermining democracy and the rule of lawNo error of assessment

(Council Decision (CFSP) 2017/2074, as amended by Decision (CFSP) 2018/901, Arts 6(1) and 7(1) and Annex I; Council Regulations No 2017/2063, Art. 8(3) and Annex IV, and No 2018/899)

(see paras 42, 45, 46, 48, 50-56, 62-65)

4. Common foreign and security policyRestrictive measures taken in view of the situation in VenezuelaFreezing of funds of persons responsible for serious violations of human rights or undermining the rule of lawRestriction of the right to propertyNo breach of principle of proportionality

(Art. 21(2)(b) TEU; Charter of Fundamental Rights of the European Union, Arts 17(1) and 52(1); Council Decision (CFSP) 2017/2074, as amended by Decision (CFSP) 2018/901, Art. 7(4) and Annex I; Council Regulations No 2017/2063, Arts 8 and 9(1), and Annex IV, and No 2018/899)

(see paras 72-78, 80-85, 88, 90)

Re:

Application based on Article 263 TFEU and seeking the annulment of Council Decision (CFSP) 2018/901 of 25 June 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 160 I, p. 12) and of Council Implementing Regulation (EU) 2018/899 of 25 June 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 160 I, p. 5), in so far as those acts concern the applicant.

Operative part

The Court:

1. Dismisses the action;

2. Orders Ms Katherine Nayarith Harrington Padrón to pay the costs.