Judgment — ECLI:EU:T:2018:902
Date: 2018-12-12
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 71-76, 80) 3. 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 88-90, 101) 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 — 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. 91) 5. Common foreign and security policy — Restrictive measures against Syria — Freezing of funds and economic resources — Council not adopting fund-freezing measures against other legal persons in a comparable situation — Breach of the principle of equal treatment — None (Council Decisions (CFSP) 2016/850, (CFSP) 2017/917 and (CFSP) 2018/778) (see para. 105) 6. Common foreign and security policy — Restrictive measures against Syria — Freezing of the funds of persons, entities or organisations associated with the Syrian regime — Restrictions on the right of property, honour and reputation — Breach of principle of proportionality — None (Charter of Fundamental Rights of the European Union, Art. 17; Council Decisions 2013/255/CFSP, (CFSP) 2016/850, (CFSP) 2017/917 and (CFSP) 2018/778) (see paras 113-118, 120-122, 124, 132-134) 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, Recital 1, (CFSP) 2016/850, (CFSP) 2017/917 and (CFSP) 2018/778) (see paras 126-129) Re: Application pursuant to Article 263 TFEU seeking the 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 of the subsequent measures giving effect to that decision, of 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 of 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 acts concern the applicant. Operative part The Court: 1. Dismisses the action; 2. Orders Syriatel Mobile Telecom (Joint Stock Company) to bear its own costs and to pay those incurred by the Council of the European Union.