Judgment;Information — ECLI:EU:C:2019:707
Date: 2019-09-11
Language of the case: Bulgarian
Court formation: Seventh Chamber
Subject matter: External relations;Common foreign and security policy
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible

Judgment of the Court (Seventh Chamber) of 11 September 2019 — HX v Council (Case C‑540/18 P)(1) (Appeal — Restrictive measures taken against the Syrian Arab Republic — Measures directed against influential businessmen and women engaged in activities in Syria — Proof that inclusion on the lists is well founded) 1. Appeal — Grounds — Error of law relied on not identified — Inadmissibility (Art. 256(1) TFEU; Statue of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 169(2)) (see paras 34, 35, 39, 45) 2. Appeal — Grounds — Plea submitted for the first time in the context of the appeal — Inadmissibility (Rules of Procedure of the Court of Justice, Art. 170(1)) (see paras 36, 37, 42) 3. Appeal — Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted — No such distortion (Art. 256(1) TFEU; Statue of the Court of Justice, Art. 58, first para.) (see paras 43, 44, 52) 4. Common foreign and security policy — Restrictive measures against Syria — Prohibition of entry and transit and freezing of funds of certain persons and entities responsible for violent repression against the civilian population — Restriction on free movement in the Union — Exemptions on grounds of urgent humanitarian need — Breach of principle of proportionality — None (Art. 21(1) TFEU; Charter of Fundamental Rights of the European Union, Art. 52(1); Council Decision 2013/255/PESC, as amended by Decision (CFSP) 2015/1836, Art. 27(9)) (see para. 61) 5. 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 — Delay — Justification — None (Rules of Procedure of the General Court, Art. 85(3)) (see paras 65-67) Operative part The Court: 1. Dismisses the appeal; 2. Orders HX to bear his own costs and to pay those incurred by the Council of the European Union. 1 OJ C 408, 12.11.2018.