Judgment — ECLI:EU:T:2019:10
Date: 2019-01-16
Language of the case: French
Court formation: Fifth Chamber
Subject matter: External relations;Common foreign and security policy
Procedure: Action for annulment - unfounded

summary statement of reasons sufficient (Art. 296 TFEU; Council Decisions (CFSP) 2016/850, (CFSP) 2017/917 and (CFSP) 2018/778) (see paras 70-75, 79) 4. European Union — Judicial review of the legality of the acts of the institutions — Restrictive measures against Syria — Ambit of the review (Charter of Fundamental Rights of the European Union, Art. 47; Council Decisions (CFSP) 2016/850, (CFSP) 2017/917 and (CFSP) 2018/778) (see paras 87-89, 101, 102) 5. Common foreign and security policy — Restrictive measures against Syria — Freezing of funds and economic resources — Annulment action by a person benefiting from the policies of the Syrian regime covered by a fund-freezing decision — Burden of proof — Decision based on a series of indicators — Lawfulness — Conditions (Council Decisions (CFSP) 2016/850, (CFSP) 2017/917 and (CFSP) 2018/778) (see para. 90) 6. Common foreign and security policy — Restrictive measures against Syria — Freezing of funds of persons, entities or bodies associated with the Syrian regime — Restrictions on the right to property, right to honour and to reputation — Breach of principle of proportionality — None (Charter of Fundamental Rights of the European Union, Art. 17; Council Decisions (CFSP) 2016/850, (CFSP) 2017/917 and (CFSP) 2018/778) (see paras 115-124, 133-135) 7. EU law — Principles — Fundamental rights — Presumption of innocence — Fund-freezing decision against certain persons and bodies in view of the situation in Syria — Compatibility with that principle — Conditions (Charter of Fundamental Rights of the European Union, Art. 48(1); Council Decisions 2013/255/CFSP, as amended by Council Decisions (CFSP) 2016/850, (CFSP) 2017/917 and (CFSP) 2018/778) (see paras 127-131) Re: Application pursuant to Article 263 TFEU seeking annulment of Council Decision (CFSP) 2016/850 of 27 May 2016, amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2016 L141, p. 125) and the subsequent measures implementing it, Council Decision (CFSP) 2017/917 of 29 May 2017 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2017 L 139, p. 62), and Council Decision (CFSP) 2018/778 of 28 May 2018 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2018 L 131, p. 16), in so far as those measures concern the applicant. Operative part The Court: 1. Dismisses the action; 2. Declares that Bena Properties Co. SA is to bear its own costs and orders it to pay those incurred by the Council of the European Union.