Judgment — ECLI:EU:T:2017:693
Date: 2017-10-05
Language of the case: English
Court formation: Fifth Chamber
Subject matter: External relations;Common foreign and security policy
Procedure: Action for annulment - unfounded

summary statement of reasons sufficient — Limits — Statement of reasons not capable of consisting of a general and stereotyped formulation (Art. 296 TFEU; Charter of Fundamental Rights of the European Union, Art. 41(2)(c); Council Decisions 2011/72/CFSP and (CFSP) 2015/157; Council Regulations No 101/2011 and 2015/147) (see paras 90-92) 9. Common foreign and security policy — Restrictive measures against certain persons and entities in view of the situation in Tunisia — Freezing of funds of persons involved in the misappropriation of public funds and of natural or legal persons, bodies or organisations associated with them — Misappropriation of public funds — Concept — Broad interpretation (Council Decision 2011/72/CFSP, Art. 1(1); Council Regulation No 101/2011, Art. 2) (see paras 106-108, 112, 114, 118) 10. European Union — Judicial review of the legality of the acts of the institutions — Restrictive measures against certain persons and entities in view of the situation in Tunisia — Freezing of funds of persons involved in the misappropriation of public funds and of natural or legal persons, bodies or organisations associated with them — Ambit of the review — Proof the measure well-founded — No obligation on the Council systematically to verify evidence submitted by the authorities of a non-Member country (Charter of Fundamental Rights of the European Union, Art. 47; Council Decisions 2011/72/CFSP and (CFSP) 2015/157; Council Regulations No 101/2011 and 2015/147) (see paras 129-131, 140-142, 145-147) 11. Common foreign and security policy — Restrictive measures against certain persons and entities in view of the situation in Tunisia — Freezing of funds of persons involved in the misappropriation of public funds and of natural or legal persons, bodies or organisations associated with them — Restriction of the right to property — No breach of principle of proportionality (Art. 21(2)(b) and (d) TEU; Charter of Fundamental Rights of the European Union, Arts 17(1), and 52(1); Council Decisions 2011/72/CFSP and (CFSP) 2015/157; Council Regulations No 101/2011 and 2015/147) (see paras 158, 159, 161-165) Re: APPLICATION pursuant to Article 263 TFEU for annulment of Council Decision (CFSP) 2015/157 of 30 January 2015 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2015 L 26, p. 29) and Council Implementing Regulation (EU) 2015/147 of 30 January 2015 implementing Regulation (EU) No 101/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia (OJ 2015 L 26, p. 3), in so far as those acts concern the applicant. Operative part The Court: 1. Dismisses the action; 2. Orders Sirine Bent Zine El Abidine Ben Haj Hamda Ben Ali to bear her own costs and to pay the costs incurred by the Council of the European Union.