Judgment of the General Court (Ninth Chamber, Extended Composition) of 17 July 2024

Data

Court: General Court

Case date: 17 juli 2024

Verdict

Judgment of the General Court (Ninth Chamber, Extended Composition) of 17 July 2024 – Makhlouf v Council

(Case T‑206/22)⁽¹⁾

"(Common foreign and security policy - Restrictive measures in view of the situation in Syria - Freezing of funds and economic resources - Restriction on entry into the territory of the Member States - List of persons, entities and bodies subject to the freezing of funds or the restriction on entry into the territory of the Member States - Inclusion and maintenance of the applicant’s name on the list - Heir of a person already subject to restrictive measures - Rights of the defence - Error of assessment - Proportionality - Right to property - Non-contractual liability)"

1. 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))

(see paragraphs 25, 29)

2. Judicial proceedingsDecision or regulation replacing the contested measure in the course of proceedingsApplication to modify the applicationObligation for the applicant to accompany that application with modified pleas in law and argumentsNone, except where there are substantial differences between the two measuresGeneral Court’s obligation of verification

(Rules of Procedure of the General Court, Art. 86(1) and (4))

(see paragraphs 35-37)

3. Judicial proceedingsModification of the pleas in the course of proceedingsFormal requirementsBrief statement of the pleas in law on which the application is basedTransposition of the initial pleas in lawConditions

(Rules of Procedure of the General Court, Art. 86(4))

(see paragraphs 38, 39)

4. EU lawPrinciplesRights of the defenceRight to effective judicial protectionRestrictive measuresObligation to disclose individual and specific grounds for the decisions adoptedRight to be heard prior to the adoption of such measuresLimitationsConditions

(Charter of Fundamental Rights of the European Union, Art. 41(2)(a); Council Decision 2013/255/CFSP, as amended by Decision (CFSP) 2022/242, Annex; Council Regulations No 36/2012 and No 2022/237)

(see paragraphs 51-54, 56, 58, 61)

5. EU lawPrinciplesRights of the defenceRight to be heardNo obligation on the institutions to adhere to the point of view of the parties concernedObligation to reply to all the arguments of the partiesAbsence

(Charter of Fundamental Rights of the European Union, Art. 41(2))

(see paragraph 68)

6. 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 reasons relied on against the persons or entities concerned are well founded

(Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2013/255/CFSP, as amended by Decisions (CFSP) 2022/242 and (CFSP) 2023/1035, Annex; Council Regulations No 36/2012, No 2022/237 and No 2023/1027)

(see paragraphs 76-82)

7. 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 her membership of the Assad or Makhlouf familiesDocuments available to the publicProbative value

(see paragraphs 83, 86, 87)

8. Common foreign and security policySpecific restrictive measures against certain persons and entities in view of the situation in SyriaDecision 2013/255/CFSP and Regulation No 36/2012Assumption that influential businessmen and women engaged in activities in Syria and members of the Assad and Makhlouf families support the Syrian regimeWhether permissibleConditions

(Council Decision 2013/255/CFSP, as amended by Decision (CFSP) 2015/1836, Arts 27(1) and (2)(a) and (b) and 28(1) and (2); Council Regulations No 36/2012 and No 2015/1828, Art. 15(1)(a) and (1a)(b))

(see paragraphs 89-92, 94)

9. Common foreign and security policySpecific restrictive measures against certain persons and entities in view of the situation in SyriaDecision 2013/255/CFSP and Regulation No 36/2012Assumption that members of the Assad and Makhlouf families support the Syrian regimeWhether permissibleConditionsRebuttable presumptionNo evidence to the contrary

(Council Decision 2013/255/CFSP, as amended by Decision (CFSP) 2015/1836, Arts 27(1) to (3) and 28(1) to (3); Council Regulations No 36/2012 and 2015/1828, Art. 15(1)(a), (1a)(b) and (1b))

(see paragraphs 93, 95-105, 110, 112, 113)

10. Common foreign and security policyRestrictive measures against SyriaFreezing of the funds of and restrictions on the admission of persons, entities or bodies associated with the Syrian regimeRestrictions on the right to propertyNo breach of the principle of proportionality

(Arts 5(4) and 29 TEU; Art. 215 TFEU; Charter of Fundamental Rights of the European Union, Arts 17 and 52(1); Council Decision 2013/255/CFSP, as amended by Decisions (CFSP) 2022/242 and (CFSP) 2023/1035, Art. 28(6); Council Regulations No 36/2012, No 2022/237 and No 2023/1027, Art. 16)

(see paragraphs 118-142, 146)

11. Non-contractual liabilityConditionsUnlawfulnessDamageCausal linkCumulative conditions

(Art. 340, second para., TFEU)

(see paragraphs 150, 154, 155)

Operative part

The Court:

1. Dismisses the action;

2. Orders Ms Sara Makhlouf to pay the costs.