Judgment of the General Court (Fourth Chamber) of 24 November 2021

1. Acts of the institutionsStatement of reasonsObligationScopeRestrictive measures against SyriaProhibition on entry and transit as well as freezing of funds of leading businesspersons operating in SyriaDecision falling within a context known to the person concerned, enabling him or her to understand the scope of the measure taken against him or herWhether summary statement of reasons sufficient

(Art. 296 TFEU; Council Decision 2013/255/CFSP, as amended by Decisions (CFSP) 2015/1836, (CFSP) 2019/87, (CFSP) 2019/806 and (CFSP) 2020/179, Arts 27(2)(a), 28(2)(a) and Annex I; Council Regulations Nos 36/2012, 2019/85, 2019/798 and 2020/716, Annex II)

(see paras 37-42, 48, 51)

2. Common foreign and security policySpecific restrictive measures against certain persons and bodies in view of the situation in SyriaDecision 2013/255/CFSP and Regulation No 36/2012Criteria for adopting restrictive measuresLeading businesspersons operating in SyriaConcept

(Art. 29 TEU; Council Decision 2013/255/CFSP, as amended by Decisions (CFSP) 2015/1836, (CFSP) 2019/87, (CFSP) 2019/806 and (CFSP) 2020/719, Arts 27(2)(a) and 28(2)(a); Council Regulations Nos 36/2012, 2019/85, 2019/798 and 2020/716)

(see paras 46, 47, 88)

3. EU lawPrinciplesRights of the defenceRight to effective judicial protectionRestrictive measures against SyriaFreezing of funds of persons, entities or bodies associated with the Syrian regimeObligation to disclose individual and specific grounds for the decisions adoptedScopeNotification to the person concerned through publication in the Official JournalWhether permissible

(Charter of Fundamental Rights of the European Union, Arts 41(2)(a) and 52(1); Council Decision (CFSP) 2019/87; Council Regulation 2019/85)

(see paras 56-65)

4. Common foreign and security policySpecific restrictive measures against SyriaFreezing of funds of persons, entities or bodies associated with the Syrian regimeRights of the defenceNotification 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

(Council Decisions (CFSP) 2019/806 and (CFSP) 2020/719; Council Regulations Nos 2019/798 and 2020/716)

(see paras 67-70, 74)

5. European UnionJudicial review of the legality of the acts of the institutionsRestrictive measures against SyriaScope 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 foundedBreadth of the discretion of that competent authorityRelevance of evidence produced on the basis of a previous inclusion where there are no amendments to the grounds for inclusion or changes in the applicant’s situation or in the context in Syria

(Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2013/255/CFSP, as amended by Decisions (CFSP) 2019/87, (CFSP) 2019/806 and (CFSP) 2020/719, Annex I; Council Regulations Nos 36/2012, 2019/85, 2019/798 and 2020/716, Annex II)

(see paras 81-87, 94)

6. European UnionJudicial review of the legality of the acts of the institutionsRestrictive measures against SyriaScope of the reviewInclusion of the applicant on the list annexed to the contested decision on account of his status as a leading businessperson operating in SyriaPublicly available documentsProbative value

(Council Decision 2013/255/CFSP, as amended by Decisions (CFSP) 2019/87, (CFSP) 2019/806 and (CFSP) 2020/719, Annex I; Council Regulations Nos 36/2012, 2019/85, 2019/798 and 2020/716, Annex II)

(see paras 90, 104, 107, 108, 116)

7. Common foreign and security policyRestrictive measures against SyriaFreezing of funds and economic resourcesAction for annulment brought by a leading businessperson operating in Syria who is subject to a decision to freeze fundsAllocation of the burden of proofDecision based on a series of indicatorsProbative valueScope

(Council Decision 2013/255/CFSP, as amended by Decisions (CFSP) 2019/87, (CFSP) 2019/806 and (CFSP) 2020/719, Annex I; Council Regulations Nos 36/2012, 2019/85, 2019/798 and 2020/716, Annex II)

(see paras 117, 118, 121, 128, 131, 133-135, 138-139, 154)

8. Common foreign and security policySpecific restrictive measures against certain persons and bodies in view of the situation in SyriaDecision 2013/255/CFSP and Regulation No 36/2012Presumption of support for the Syrian regime in the case of leading businesspersons operating in SyriaWhether permissibleConditionsRebuttable presumptionEvidence to the contraryNone

(Council Decision 2013/255/CFSP, as amended by Decisions (CFSP) 2019/87, (CFSP) 2019/806 and (CFSP) 2020/719, Annex I; Council Regulations Nos 36/2012, 2019/85, 2019/798 and 2020/716, Annex II)

(see paras 144-147, 153, 156)

9. Common foreign and security policyRestrictive measures against SyriaFreezing of the funds of and restrictions on the admission of persons, entities or organisations associated with the Syrian regimeRestriction of the right to property and the free exercise of an economic activityNo breach of principle of proportionality

(Art. 5(4) TEU; Charter of Fundamental Rights of the European Union, Arts 15, 16, and 17; Council Decision 2013/255/CFSP, as amended by Decisions (CFSP) 2015/1836, (CFSP) 2019/87, (CFSP) 2019/806 and (CFSP) 2020/719, Arts 28(6) and (7), 34 and Annex I; Council Regulations No 36/2012, as amended by Regulation No 2015/1828, Art. 62(4), 2019/85, 2019/798 and 2020/716, Annex II)

(see paras 166-168, 170-175)

Re:

Application under Article 263 TFEU for annulment of Council Implementing Decision (CFSP) 2019/87 of 21 January 2019 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2019 L 18 I, p. 13), of Council Implementing Regulation (EU) 2019/85 of 21 January 2019 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2019 L 18 I, p. 4), of Council Decision (CFSP) 2019/806 of 17 May 2019 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2019 L 132, p. 36), of Council Implementing Regulation (EU) 2019/798 of 17 May 2019 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2019 L 132, p. 1), of Council Decision (CFSP) 2020/719 of 28 May 2020 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2020 L 168, p. 66), and of Council Implementing Regulation (EU) 2020/716 of 28 May 2020 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2020 L 168, p. 1) in so far as those acts concern the applicant.

Operative part

The Court:

1. Dismisses the action;

2. Orders Mr Samer Foz to pay the costs.