Judgment of the General Court (Seventh Chamber) of 3 February 2021

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, second para. TFEU; Council Regulation No 1183/2005, Art. 9(3); Council Decision 2010/788/CFSP, as amended by Decision (CFSP) 2018/1940, Art. 7(2))

(see paras 51-56)

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) 2018/1940, Annex II; Council Regulation No 2018/1931, Annex)

(see paras 52, 59-64)

3. EU lawPrinciplesRights of the 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 point of view on the grounds held against himScope

(Charter of Fundamental Rights of the European Union, Art. 41(2)(a); Council Decision 2010/788/CFSP, as amended by Decision (CFSP) 2018/1940, Annex II)

(see paras 69-71)

4. Common foreign and security policyRestrictive measures directed against the Democratic Republic of the CongoFreezing of fundsRights of the defenceNotification of inculpatory evidenceSubsequent decision maintaining the name of the applicant on the list of persons covered by those measuresNo new groundsInfringement of the right to be heardNone

(Council Decision 2010/788/CFSP, as amended by Decision (CFSP) 2018/1940, Art. 9(2) and Annex II; Council Regulation No 2018/1931, Annex)

(see paras 72-74, 78-80, 89-91)

5. European UnionJudicial review of the legality of the acts of the institutionsRegulation introducing restrictive measures against certain persons and entities having regard to the situation in the Democratic Republic of the CongoScope of the review

(Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2010/788/CFSP, as amended by Decision (CFSP) 2018/1940, Art. 9(2) and Annex II; Council Regulation No 2018/1931, Annex)

(see paras 98-100, 128)

6. 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 lawError of assessmentNone

(Council Decision 2010/788/CFSP, as amended by Decisions (CFSP) 2016/2231 and (CFSP) 2018/1940, Annex II; Council Regulation No 2018/1931, Annex)

(see paras 101, 109, 117-122, 140-143)

7. 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 abusesDefinitionPersons who have committed such acts in the past, notwithstanding the lack of evidence establishing current involvement in such actsIncluded

(Council Decision 2010/788/CFSP, as amended by Decision (CFSP) 2016/2231, Art. 9(2))

(see paras 134, 135)

8. Common foreign and security policyRestrictive measures directed against the Democratic Republic of the CongoProhibition of the entry and transit, and freezing of funds, of persons undermining the rule of law or contributing to the commission of acts that constitute serious human rights violationsRestriction on the right to respect for private and family lifeBreach of principle of proportionalityNone

(Arts 21(2)(b) and (c) and 29 TEU; Art. 215(2) TFEU; Council Decision 2010/788/CFSP, as amended by Decision (CFSP) 2018/1940, Art. 4(1), (2) and (7) and Annex II; Council Regulation No 2018/1931, Annex)

(see paras 150-161)

9. EU lawPrinciplesFundamental rightsPresumption of innocenceDecision to freeze funds taken against certain persons and entities in view of the situation in the Democratic Republic of the CongoCompatibility with that principleConditions

(Art. 29 TEU; Art. 215(2) TFEU; Charter of Fundamental Rights of the European Union, Art. 48(1); Council Regulation No 1183/2005; Council Decision 2010/788/CFSP, as amended by Decision (CFSP) 2018/1940, Art. 5(1) and Art. 9; Council Regulation No 2018/1931, Annex)

(see paras 162-169)

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, as amended by Decision (CFSP) 2018/1940, Art. 3(2)(b) and (CFSP) 2016/2231, Recitals 3 and 4; Council Regulation No 1183/2005)

(see paras 179, 180, 182-189)

11. 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 proportionality

(Art. 275, second para. TFEU; Council Decision 2010/788/CFSP, as amended by Decision (CFSP) 2018/1940, Art. 3(2) and Art. 5(5); Council Regulation No 2018/1931, Annex)

(see paras 179, 180, 193-197)

Re:

Application under Article 263 TFEU seeking annulment, first, of Council Decision (CFSP) 2018/1940 of 10 December 2018 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2018 L 134, p.47) and, second, Council Implementing Regulation (EU) 2018/1931 of 10 December 2018 implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ 2018 L 314, p. 1), in so far as those acts concern the applicant.

Operative part

The Court:

1. Dismisses the action;

2. Orders Mr Ferdinand Ilunga Luyoyo to pay the costs.