Judgment of the Court (Sixth Chamber) of 18 November 2021

Data

Court: Court of Justice

Case date: 18 november 2021

Verdict

Judgment of the Court (Sixth Chamber) of 18 November 2021 – Mahmoudian v Council

(Case C‑681/19 P)^(*)

"(Appeal - Common foreign and security policy (CFSP) - Restrictive measures against the Islamic Republic of Iran - Damage allegedly suffered by the appellant as a result of his name being included and maintained on the list of persons and entities subject to the freezing of funds and economic resources - Action for damages - Jurisdiction of the Court to rule on a claim seeking compensation for the damage allegedly caused by restrictive measures taken in decisions adopted pursuant to the CFSP - Sufficiently serious breach of a rule of law intended to confer rights on individuals)"

Non-contractual liabilityConditionsUnlawfulnessDamageCausal linkBurden of proof

(Art. 340, second para., TFEU)

(see paras 28, 29)

Non-contractual liabilityConditionsActual and certain damageAssessmentCriteria

(Art. 340, second para., TFEU)

(see paras 32, 33)

AppealGroundsReview by the Court of the assessment of the facts and evidencePossible only where the clear sense of the evidence has been distortedGround of appeal alleging distortion of the clear sense of the evidenceNeed to indicate precisely the evidence alleged to have been distorted and show the errors of appraisal which led to that distortion

(Art. 256(1), second subpara., TFEU; Statute of the Court of Justice, Arts 51, first para., and 58, first para.; Rules of Procedure of the Court of Justice, Art. 168(1)(d))

(see paras 36, 37, 49)

Operative part

The Court:

Dismisses the appeal;

Orders Mr Fereydoun Mahmoudian to bear his owns costs and to pay the costs incurred by the Council of the European Union;

Orders the European Commission to bear its own costs.