Judgment — ECLI:EU:T:2017:349
Date: 2017-05-18
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 Decision (CFSP) 2016/850) (see paras 56-61, 65) 4. 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 Decision (CFSP) 2016/850) (see paras 74-76, 88) 5. 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 Decision (CFSP) 2016/850) (see paras 77, 98) 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 and on the freedom of movement — No breach of principle of proportionality (Charter of Fundamental Rights of the European Union, Art. 17; Council Decisions 2013/255/CFSP, Arts 27(1) and (6), 28(4), and (CFSP) 2016/850) (see paras 106-112, 114-117, 119, 120, 128-130) 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, first recital, and (CFSP) 2016/850) (see paras 122-126) 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, in so far as those measures concern the applicant. Operative part The Court: 1. Dismisses the action; 2. Orders Mr Rami Makhlouf to bear his own costs and to pay those of the Council of the European Union; 3. Orders the European Commission to bear its own costs.