Judgment of the General Court (Fifth Chamber) of 28 September 2022

Judicial proceedingsDecision or regulation replacing the contested measure in the course of proceedingsApplication to modify the applicationConditions

(Rules of Procedure of the General Court, Art. 86(1) and (2))

(see paragraphs 38, 39)

Judicial proceedingsDecision or regulation replacing the contested measure in the course of proceedingsApplication to modify the applicationConsequencesNo implicit withdrawal of the initial claims for annulmentAdmissibility

(Rules of Procedure of the General Court, Art. 86(1))

(see paragraphs 41-45)

European UnionJudicial review of the legality of the acts of the institutionsRestrictive measures in view of the situation in LibyaScope of the reviewProof that the measure is well foundedObligation on the competent EU authority to establish, in the event of challenge, that the reasons relied on against the persons or entities concerned are well founded

(Art. 275, second para., TFEU; Charter of Fundamental Rights of the European Union, Art. 47; Council Decision (CFSP) 2015/1333, as amended by Decisions (CFSP) 2020/1137 and (CFSP) 2021/1251, Annex IV; Council Regulations 2016/44, Annex III, 2020/1130 and 2021/1241)

(see paragraphs 58-63, 79)

Common foreign and security policyRestrictive measures against LibyaRegulation 2016/44Freezing of funds and economic resourcesCriteria for adopting restrictive measuresAssociation with the former regime of Mouammar QadhafiThreat to the peace, stability or security of Libya, or to the successful completion of the Libyan political transitionCumulative conditions

(Council Decision (CFSP) 2015/1333, Arts 1 and 9(2)(b); Council Regulation 2016/44, Art. 6(2)(c))

(see paragraphs 69, 70, 75, 76, 89)

Common foreign and security policyRestrictive measures against LibyaRegulation 2016/44Freezing of funds and economic resourcesCriteria for adopting restrictive measuresAssociation with the former regime of Mouammar QadhafiThreat to the peace, stability or security of Libya, or to the successful completion of the Libyan political transitionCouncil’s obligation to carry out an updated assessment in the course of the review of the restrictive measuresEvidence to the contraryChange in the specific situation of the entity covered by the restrictive measuresError of assessment

(Council Decision (CFSP) 2015/1333, as amended by Decisions (CFSP) 2020/1137 and (CFSP) 2021/1251, Annex IV; Council Regulations 2016/44, Annex III, 2020/1130 and 2021/1241)

(see paragraphs 84-86, 88, 89, 91, 94-98)

Action for annulmentJudgment annulling a measureEffectsLimitation by the CourtRestrictive measures in view of the situation in LibyaAnnulment at two different times of two acts containing identical restrictive measuresRisk of legal certainty being seriously affectedMaintenance of the effects of the first of those acts until the taking effect of annulment of the second

(Arts 264, second para., and 280 TFEU; Statute of the Court of Justice, Art. 60; Council Decision (CFSP) 2021/1251; Council Regulation 2021/1241)

(see paragraphs 102-106)

Operative part

The Court:

Annuls Council Implementing Decision (CFSP) 2020/1137 of 30 July 2020 implementing Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya and Council Decision (CFSP) 2021/1251 of 29 July 2021 amending Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya in so far as they maintain the name of Libyan African Investment Company (LAICO) on the list of entities set out in Annex IV to Council Decision (CFSP) 2015/1333 of 31 July 2015 concerning restrictive measures in view of the situation in Libya, and repealing Decision 2011/137/CFSP;

Annuls Council Implementing Regulation (EU) 2020/1130 of 30 July 2020 implementing Article 21(2) of Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya and Council Implementing Regulation (EU) 2021/1241 of 29 July 2021 implementing Article 21(2) of Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya and repealing Regulation (EU) No 204/2011 in so far as they maintain the name of LAICO on the list of entities set out in Annex III to Council Regulation (EU) 2016/44 of 18 January 2016 concerning restrictive measures in view of the situation in Libya and repealing Regulation (EU) No 204/2011;

Orders the effects of Article 1 of Decision 2021/1251 to be maintained in respect of LAICO until the date of expiry of the period for bringing an appeal, as provided for in the first paragraph of Article 56 of the Statute of the Court of Justice of the European Union, or, if an appeal is brought within that period, until the date of any dismissal of that appeal;

Orders the Council of the European Union to pay the costs.