Judgment — ECLI:EU:T:2019:116
Date: 2019-02-28
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 72-77, 80, 81) 3. European Union — Judicial review of the legality of the acts of the institutions — Restrictive measures against Syria — Scope 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) 4. 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 — Allocation of the 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) 5. 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, to respect for one’s good name and to reputation — No breach of principle of proportionality (Charter of Fundamental Rights of the European Union, Art. 17; Council Decisions (CFSP) 2016/850, (CFSP) 2017/917 and (CFSP) 2018/778) (see paras 108-113, 115-117, 126-128) 6. 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 (CFSP) 2016/850, (CFSP) 2017/917 and (CFSP) 2018/778) (see paras 120-124) Re: Application brought pursuant to Article 263 TFEU and seeking annulment of Council Decision (CFSP) 2016/850 of 27 May 2016 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2016, L 141, p. 125) and its subsequent implementing acts, 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 they concern the applicant. Operative part The Court: 1. Dismisses the action; 2. Orders Almashreq Investment Fund to bear its own costs and to pay those of the Council of the European Union.