Information;Judgment — ECLI:EU:T:2024:315
Date: 2024-05-15
Language of the case: Bulgarian
Court formation: Fifth Chamber
Subject matter: External relations;Common foreign and security policy
Procedure: Action for annulment - unfounded;Action for annulment - successful

Judgment of the General Court (Fifth Chamber) of 15 May 2024 – Anbouba v Council (Case T‑471/22) (1) ( Common foreign and security policy – Restrictive measures taken in view of the situation in Syria – Freezing of funds – Restrictions on admission to the territory of the Member States – Maintenance of the applicant’s name on the lists of persons, entities and bodies – Criterion of ‘association with the Syrian regime’ – Criterion of ‘a leading businessperson operating in Syria’ – Presumption of a link with the Syrian regime – Error of assessment – Admissibility of the evidence ) 1. Judicial proceedings – Time limit for producing evidence – Article 85(3) of the Rules of Procedure of the General Court – Submission of evidence before the oral part of the procedure is closed – Whether permissible – Conditions – Late submission that is justified (Rules of Procedure of the General Court, Art. 85(3)) (see paragraphs 37-39, 42) 2. European Union – Judicial review of the legality of the acts of the institutions – Restrictive measures against Syria – Scope of the review – Proof that the measure is well founded – Obligation 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 – Obligation to take account of updated evidence (Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2013/255/CFSP, as amended by Decisions (CFSP) 2015/1836, 2022/849 and (CFSP) 2023/1035; Council Regulations No 36/2012, No 2022/840 and No 2023/1027) (see paragraphs 49-55, 72, 95-98) 3. European Union – Judicial review of the legality of the acts of the institutions – Restrictive measures against Syria – Scope of the review – Inclusion of the applicant on the list annexed to the contested decision on account of his status as a leading businessperson operating in Syria – Publicly available documents – Probative value – Principle of the unfettered evaluation of evidence (Council Decision 2013/255/CFSP, as amended by Decisions (CFSP) 2015/1836, 2022/849 and (CFSP) 2023/1035, Annexes; Council Regulations No 36/2012, No 2022/840 and No 2023/1027, Annexes) (see paragraphs 59, 60, 62, 63, 122) 4. Common foreign and security policy – Specific restrictive measures against certain persons and entities in view of the situation in Syria – Decision 2013/255/CFSP and Regulation No 36/2012 – Presumption of support for the Syrian regime in the case of leading businesspersons operating in Syria – Whether permissible – Conditions – Rebuttable presumption – Evidence to the contrary (Council Decision 2013/255/CFSP, as amended by Decisions (CFSP) 2015/1836, 2022/849 and (CFSP) 2023/1035; Council Regulations No 36/2012, No 2022/840 and No 2023/1027) (see paragraph 73) 5. Common foreign and security policy – Specific restrictive measures against certain persons and entities in view of the situation in Syria – Decision 2013/255/CFSP and Regulation No 36/2012 – Criteria for adopting restrictive measures – Support provided to and benefit derived from the Syrian regime – Meaning – Autonomous legal criterion – High-ranking persons who are close to the government serving as senior officials – Meaning (Council Decision 2013/255/CFSP, as amended by Decisions (CFSP) 2015/1836, 2022/849 and (CFSP) 2023/1035, Arts 27(1) and 28(1), Annexes; Council Regulations No 36/2012 and No 2022/840, Art. 15(1)(a), Annexes) (see paragraphs 75, 76, 89, 109-111) 6. Common foreign and security policy – Specific restrictive measures against certain persons and entities in view of the situation in Syria – Decision 2013/255/CFSP and Regulation No 36/2012 – Criteria for adopting restrictive measures – Leading businesspersons operating in Syria – Concept – Autonomous, objective and sufficient legal criterion – Presumption of support for the Syrian regime (Council Decision 2013/255/CFSP, as amended by Decisions (CFSP) 2015/1836 and (CFSP) 2023/1035, Art. 27(2)(a) and (3), and Art. 28(2)(a) and (3), Annexes; Council Regulations No 36/2012 and No 2023/1027, Art. 15(1a)(a) and (1b), Annexes) (see paragraphs 75, 77, 89, 134) 7. Judicial proceedings – Res judicata – Decisions of the EU judicature concerning the designation of an applicant on a list of persons subject to restrictive measures – Evidence previously taken into account by the Courts of the European Union – Scope – Different legislative context – New listing criteria – New grounds for listing having to be substantiated by new evidence (Council Decision 2013/255/CFSP, as amended by Decisions (CFSP) 2015/1836, 2022/849 and (CFSP) 2023/1035, Art. 27(1), (2)(a) and (3), and Art. 28(1), (2)(a), and (3), Annexes; Council Regulations No 36/2012, No 2022/840 and No 2023/1027, Art. 15(1)(a), (1a)(a), and (1b), Annexes) (see paragraphs 82-88, 90-93, 99) 8. Common foreign and security policy – Specific restrictive measures against certain persons and entities in view of the situation in Syria – Decision 2013/255/CFSP and Regulation No 36/2012 – Criteria for adopting restrictive measures – Support provided to and benefit derived from the Syrian regime – Meaning – Autonomous legal criterion – Inclusion on the lists based on a specific, precise and consistent set of indicia – None (Council Decision 2013/255/CFSP, as amended by Decisions (CFSP) 2015/1836, 2022/849, Arts 27(1) and 28(1), Annexes; Council Regulations No 36/2012 and No 2022/840, Art. 15(1)(a), Annexes) (see paragraphs 102-108, 115, 117, 147) 9. Common foreign and security policy – Restrictive measures against Syria – Freezing of funds and economic resources – Action for annulment brought by a leading businessperson operating in Syria who is subject to a decision to freeze funds – Allocation of the burden of proof – Decision based on a set of indicia – Probative value – Scope – Error of assessment – None (Council Decision 2013/255/CFSP, as amended by Decisions (CFSP) 2015/1836 and (CFSP) 2023/1035, Art. 27(2)(a) and (3), and Art. 28(2)(a) and (3), Annexes; Council Regulations No 36/2012 and No 2023/1027, Art. 15(1a)(a) and (1b), Annexes) (see paragraphs 119, 120, 127, 130, 138, 144, 145, 148) Operative part The Court: 1. Annuls Council Decision (CFSP) 2022/849 of 20 May 2022 amending Decision 2013/255/CFSP concerning restrictive measures against Syria, and Council Implementing Regulation (EU) 2022/840 of 30 May 2022 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria, in so far as they concern Mr Issam Anbouba; 2. Dismisses the action as to the remainder; 3. Orders Mr Anbouba and the Council of the European Union each to bear their own costs. 1OJ C 359, 19.9.2022.