Judgment — ECLI:EU:T:2018:355
Date: 2018-06-19
Language of the case: Bulgarian
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 and (CFSP) 2017/917; Council Regulations No 2016/840 and No 2017/907) (see paras 41-47) 2. Actions for annulment — Pleas in law — Lack of or inadequate statement of reasons — Separate ground from the one concerning substantive legality (see para. 53) 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 and (CFSP) 2017/917; Council Regulations No 2016/840 and No 2017/907) (see paras 59-62, 83) 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 and (CFSP) 2017/917; Council Regulations No 2016/840 and No 2017/907) (see paras 62, 82) 5. 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 — Nature of those measures — Purely protective measures — No criminal character — No infringement of the ne bis in idem principle (Charter of Fundamental Rights of the European Union, Art. 50) (see paras 91, 92) 6. Common foreign and security policy — Restrictive measures against Syria — Infringement of the right to property, right to a normal life and of the right to reputation — Breach of principle of proportionality — None (Charter of Fundamental Rights of the European Union, Art. 17; Council Decisions (CFSP) 2016/850 and (CFSP) 2017/917; Council Regulations No 2016/840 and 2017/907) (see paras 99-110) Re: Action 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), of Council Implementing Regulation (EU) 2016/840 of 27 May 2016 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2016 L 141, p. 30), 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 Implementing Regulation (EU) 2017/907 of 29 May 2017 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2017 L 139, p. 15), in so far as those measures apply to the applicant. Operative part The Court: 1. Dismisses the action; 2. Orders HX to bear his own costs and to pay the costs incurred by the Council of the European Union.