Judgment of the General Court (Seventh Chamber) of 22 March 2017 — Haswani v Council

(Case T‑231/15)

(Common Foreign and Security Policy — Restrictive measures taken against Syria — Freezing of funds — Modification of the application — Obligation to state reasons — Rights of the defence — Error of assessment — Proportionality — Non-contractual liability)

1. 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 Decisions 2015/383/CFSP and 2015/837/CFSP; Council Regulations 2015/375 and 2015/828) (see para. 58)

2. 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 (Art. 296 TFEU; Council Decisions 2015/383/CFSP and 2015/837/CFSP; Council Regulations 2015/375 and 2015/828) (see paras 59-61)

3. Actions for annulment—Judgment annulling a measure—Effects—Partial annulment of two regulations and two decisions concerning the adoption of restrictive measures against Syria—Annulment of the regulations taking effect as from the expiry of the period for appeal or dismissal thereof—Time-limit not applying to the date on which annulment of the decisions takes effect (Art. 264, second para., TFEU; Council Decisions 2015/383/CFSP and 2015/837/CFSP; Council Regulations 2015/375 and 2015/828) (see paras 77-80)

4. Non-contractual liability—Conditions—Actual and certain damage—Burden of proof—Damage arising from damage to reputation and loss of economic revenues on the entry of the name on the lists of persons to whom restrictive measures apply—Requirement not met (Art. 340, second para., TFEU; Council Decisions 2015/383/CFSP and 2015/837/CFSP; Council Regulations 2015/375 and 2015/828) (see paras 86-89)

Re:

First, application based on Article 263 TFEU and seeking the annulment of Council Implementing Decision (PESC) 2015/383 of 6 March 2015, implementing Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2015, L 64, p. 41), of Council Implementing Regulation (EU) 2015/375 of 6 March 2015 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2015, L 64, p. 10), of Decision (CFSP) 2015/837 of 28 May 2015 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2015 L 132, p. 82), of Council Implementing Regulation (EU) No 2015/828 of 28 May 2015 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (JO 2015, L 132, p. 3), 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 Council Implementing Regulation (EU) No 2016/840 of 27 May 2016 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2016, L 141, p. 30), in so far as those acts concern the applicant, and, secondly, application based on Article 268 TFEU and seeking compensation in respect of the harm allegedly suffered by the applicant on account of those acts.

Operative part

The Court:

1. Dismisses the action for annulment of Council Decision (CFSP) 2016/850 of 27 May 2016 amending Decision 2013/255/CFSP concerning restrictive measures against Syria, and of Council Implementing Regulation (EU) No 2016/840 of 27 May 2016 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria, as being inadmissible;

2. Annuls, in so far as they concern Mr George Haswani, Council Implementing Decision (PESC) 2015/383 of 6 March 2015, implementing Decision 2013/255/CFSP concerning restrictive measures against Syria, Council Implementing Regulation (EU) 2015/375 of 6 March 2015 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria, Decision (CFSP) 2015/837 of 28 May 2015 amending Decision 2013/255/CFSP concerning restrictive measures against Syria and Council Implementing Regulation (EU) No 2015/828 of 28 May 2015 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria;

3. Dismisses the claim for damages brought by Mr Haswani;

4. Orders the Council of the European Union to pay, in addition to its own costs incurred in connection with the applications for annulment of Implementing Decision 2015/383, Implementing Regulation 2015/375, Decision 2015/837 and Implementing Regulation 2015/828 brought by Mr Haswani, one third of those costs incurred by Mr Haswani with regard to those applications;

5. Orders Mr Haswani to pay, in addition to his own costs incurred in connection with the applications for annulment of Decision 2016/850 and Implementing Regulation 2016/840 and in connection with his claim for damages, two thirds of the costs incurred by the Council with regard to those applications;