Judgment of the General Court (Fifth Chamber) of 15 September 2021 –

Ghaoud v Council

(Case T‑700/19)

(Common foreign and security policy – Restrictive measures taken in view of the situation in Libya – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Restrictions on entry into and transit through the territory of the European Union – List of persons subject to restrictions on entry into and transit through the territory of the European Union – Retention of the applicant’s name on the lists – Obligation to state reasons – Error of assessment – Death of the applicant)

1. Judicial proceedings – Production of evidence – Time limit – Late submission of evidence and offers of evidence – Conditions (Rules of Procedure of the General Court, Art. 85) (see paras 46, 47)

2. Acts of the institutions – Statement of reasons – Obligation – Scope – Restrictive measures in view of the situation in Libya – Decision falling within a context known to the person concerned – Whether summary statement of reasons sufficient – Individual, specific and concrete reasons for keeping the person concerned on the lists of persons subject to those measures (Art. 296 TFEU; Council Decision (CFSP) 2015/1333, as amended by Decisions (CFSP) 2019/1299 and (CFSP) 2020/1137, Annexes II and IV; Council Regulations No 2016/44, Annex III, No 2019/1292 and No 2020/1130) (see paras 58-63)

3. European Union – Judicial review of the legality of the acts of the institutions – Restrictive measures in view of the situation in Libya – Scope of the review – Proof that the measure is 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 are well founded (Charter of Fundamental Rights of the European Union, Art. 47; Council Decision (CFSP) 2015/1333, as amended by Decisions (CFSP) 2019/1299 and (CFSP) 2020/1137, Annexes II and IV; Council Regulations No 2016/44, Annex III, No 2019/1292 and No 2020/1130) (see paras 76-81)

Re:

Application pursuant to Article 263 TFEU for annulment (i) of Council Implementing Decision (CFSP) 2019/1299 of 31 July 2019 implementing Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya (OJ 2019 L 204, p. 44), and of Council Implementing Decision (CFSP) 2020/1137 of 30 July 2020 implementing Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya (OJ 2020 L 247, p. 40), in so far as they maintain the name of Mr Abdel Majid Al-Gaoud on the lists in Annexes II and IV to Council Decision (CFSP) 2015/1333 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 (ii) of Council Implementing Regulation (EU) 2019/1292 of 31 July 2019 implementing Article 21(2) of Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya (OJ 2019 L 204, p. 1), and of Council Implementing Regulation (EU) 2020/1130 of 30 July 2020 implementing Article 21(2) of Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya (OJ 2020 L 247, p. 14), in so far as they maintain the name of Mr Abdel Majid Al-Gaoud on the list in Annex III to Council Regulation (EU) 2016/44 of 18 January 2016 concerning restrictive measures in view of the situation in Libya and repealing Regulation (EU) No 204/2011 (OJ 2016 L 12, p. 1).

Operative part

The Court:

1. Annuls Council Implementing Decision (CFSP) 2019/1299 of 31 July 2019 implementing Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya, and Council Implementing Decision (CFSP) 2020/1137 of 30 July 2020 implementing Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya, in so far as they maintain the name of Mr Abdel Majid Al-Gaoud on the lists in Annexes II and IV to Council Decision (CFSP) 2015/1333 of 31 July 2015 concerning restrictive measures in view of the situation in Libya and repealing Decision 2011/137/CFSP;

2. Annuls Council Implementing Regulation (EU) 2019/1292 of 31 July 2019 implementing Article 21(2) of Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya, and Council Implementing Regulation (EU) 2020/1130 of 30 July 2020 implementing Article 21(2) of Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya, in so far as they maintain the name of Mr Abdel Majid Al-Gaoud on the list in Annex III to Council Regulation (EU) 2016/44 of 18 January 2016 concerning restrictive measures in view of the situation in Libya and repealing Regulation (EU) No 204/2011;