Judgment — ECLI:EU:T:2016:520
Date: 2016-09-20
Language of the case: French
Court formation: Third Chamber
Subject matter: External relations;Common foreign and security policy
Procedure: Action for annulment - unfounded

summary statement of reasons sufficient (Art. 296 TFEU; Council Decision 2015/1333/CFSP; Council Regulations No 204/2011 and No 2015/1323) (see paras 26-31) 3. Actions for annulment — Grounds — Lack of or inadequate statement of reasons — Separate ground from the one concerning substantive legality (Arts 263 TFEU and 296 TFEU) (see paras 32, 33) 4. EU law — Principles — Rights of defence — Right to effective judicial protection — Restrictive measures against Libya — Freezing of funds of persons and entities having participated in the commission of serious human rights violations in that State — No right to be heard prior to the adoption of such measures — Rights guaranteed by judicial review exercised by the EU judicature and by the possibility of a hearing after the measures are taken — Obligation to disclose incriminating evidence — Scope (Art. 6(1) TEU; Charter of Fundamental Rights of the European Union, Art. 41(2)(a); Council Decision 2015/1333/CFSP; Council Regulations No 204/2011 and No 2015/1323) (see paras 50-57, 59, 60) 5. EU law — Principles — Fundamental rights — Presumption of innocence — Fund-freezing decision taken against persons and entities having regard to the situation in Libya — Compatibility with that principle — Conditions (Charter of Fundamental Rights of the European Union, Art. 48(1); Council Decision 2015/1333/CFSP; Council Regulations No 204/2011 and No 2015/1323) (see paras 68-72) 6. Common foreign and security policy — Restrictive measures against Libya — Prohibition of entry and passage and freezing of funds of persons and entities having participated in the commission of serious human rights violations in that State — Restriction of the right to property and freedom of movement within the EU — No breach of principle of proportionality (Charter of Fundamental Rights of the European Union, Art. 17; Council Decision 2015/1333/CFSP; Council Regulations No 204/2011 and No 2015/1323) (see paras 80-85, 89-92) 7. European Union — Judicial review of the legality of the acts of the institutions — Restrictive measures taken having regard to the situation in Libya — Ambit of the review — Proof the measure well-founded — Obligation on the competent EU authority to establish, in the event of challenge, that the grounds held against the persons or entities concerned well-founded (Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2015/1333/CFSP; Council Regulations No 204/2011 and No 2015/1323) (see paras 97-103) Re: APPLICATION on the basis of Article 263 TFEU seeking the annulment in part, firstly, of Council Decision 2015/1333/CFSP of 31 July 2015 concerning restrictive measures in view of the situation in Libya, and repealing Decision 2011/137/CFSP (OJ 2015 L 206, p. 34) and, secondly, Council Implementing Regulation (EU) 2015/1323 of 31 July 2015 implementing Article 16(2) of Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya (OJ 2015 L 206, p. 4). Operative part The Court: 1. Dismisses the action; 2. Orders Bashir Saleh Bashir Alsharghawi to bear his own costs and to pay the costs incurred by the Council of the European Union.