Judgment of the General Court (Eighth Chamber) of 30 June 2016 — CW v Council

(Case T‑224/14)

‛Common Foreign and Security Policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Freezing of funds — Extension — Right to property — Proportionality — Error of fact — Misuse of powers — Non-contractual liability’

1. Acts of the institutions — Choice of legal basis — Decision concerning the adoption of restrictive measures against certain persons and entities having regard to 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 — Article 29 TEU — Admissibility (Arts 21 TEU, 23 TEU, 24(1) TEU, 25 TEU, 28 TEU and 29 TEU; Art. 275, second para., TFEU; Council Decision 2011/72/CFSP, Art. 1(1)) (see paras 64, 66, 67, 76)

2. Acts of the institutions — Choice of legal basis — Regulation concerning the application of restrictive measures against certain persons and entities having regard to 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 — Article 215(2) TFEU — Lawfulness (Arts 215(2) TFEU and 288 TFEU; Council Regulation No 101/2011) (see paras 68, 77)

3. 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 — Definition — Independent and uniform interpretation — Broad interpretation (Council Decision 2011/72/CFSP, Art. 1(1)) (see paras 84, 89-92, 96)

4. EU law — Interpretation — Methods — Literal, systematic and teleological interpretation — Effectiveness (Council Decision 2011/72/CFSP, Art. 1(1)) (see paras 86-88, 100, 118, 120, 127, 129, 132, 133)

5. 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 2014/49/CFSP) (see paras 137-139, 149-151, 156-158)

6. 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 and the free exercise of an economic activity — No breach of principle of proportionality (Art. 21(2)(b) and (d) TEU; Charter of Fundamental Rights of the European Union, Arts 16, 17(1), and 52(1); Council Decisions 2011/72/CFSP and 2014/49/CFSP) (see paras 167-173, 178, 179, 188, 189, 192, 193)

7. Actions for annulment — Grounds — Misuse of powers — Definition (see para. 198)

8. Non-contractual liability — Conditions — Unlawfulness — Damage — Causal link — One of the conditions not satisfied — Claim for compensation dismissed in its entirety (Art. 340, second para., TFEU) (see para. 211)

9. Actions for annulment — Jurisdiction of the EU judicature — Claim for a declaratory judgment — Manifest lack of jurisdiction (Art. 263 TFEU) (see para. 219)

Re:

First, application based on Article 263 TFEU and seeking the annulment of Council Decision 2014/49/CFSP of 30 January 2014, amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2014 L 28, p. 38), in so far as it concerns the applicant and, secondly, application based on Article 268 TFEU and seeking compensation for the damage suffered by the applicant.

Operative part

The Court:

1. Dismisses the action;