Judgment of the General Court (Seventh Chamber) of 14 July 2021 –

Moreno Pérez v Council

(Case T‑246/18)

(Common foreign and security policy – Restrictive measures taken with regard to the situation in Venezuela – Freezing of funds – Lists of persons, entities and bodies covered by the freezing of funds and economic resources – Inclusion of the applicant’s name on the lists – Retention of the applicant’s name on the lists – Obligation to state reasons – Rights of the defence – Principle of sound administration – Right to effective judicial protection – Error of assessment)

1. Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Restrictive measures taken in view of the situation in Venezuela – Regulation reviewing the list of persons, groups or entities concerned without repealing the earlier regulation – Action brought by a person who was not mentioned in that regulation – Admissibility (Art. 263 TFEU; Council Decision (CFSP) 2018/1656; Council Regulation 2018/1653) (see paras 36-38)

2. Acts of the institutions – Statement of reasons – Obligation – Scope – Restrictive measures taken in view of the situation in Venezuela – Freezing of funds of persons responsible for serious violations of human rights or undermining the rule of law – Minimum requirements (Art. 296, second para. TFEU; Charter of Fundamental Rights of the European Union, Art. 41(2)(c); Council Decision (CFSP) 2017/2074, as amended by Decision (CFSP) 2018/90, Annex I; Council Regulations No 2017/2063, Annex IV and No 2018/88) (see paras 43-46)

3. Common foreign and security policy – Restrictive measures taken in view of the situation in Venezuela – Freezing of funds of persons responsible for serious violations of human rights or undermining the rule of law – Obligation to identify in the statement of reasons individual and specific reasons justifying such measures – Decision adopted in a context which was known to that person enabling him to understand the scope of the measure concerning him (Art. 296 TFEU; Council Decision (CFSP) 2017/2074, as amended by Decision (CFSP) 2018/90, Arts 6(1) and 7(1) and Annex I; Council Regulations No 2017/2063, Art. 8(3) and Annex IV, and No 2018/88) (see paras 47, 50-56)

4. EU law – Principles – Rights of the defence – Right to effective judicial protection – Restrictive measures taken in view of the situation in Venezuela – Freezing of funds of persons responsible for serious violations of human rights or undermining the rule of law – Duties of the Council – Communication to the person concerned of inculpatory evidence and the right to be heard – Duty to act within a reasonable time (Charter of Fundamental Rights of the European Union, Arts 41(2)(a) and 47; Council Decision (CFSP) 2017/2074, as amended by Decision (CFSP) 2018/90, Annex I; Council Regulations No 2017/2063, Annex IV and No 2018/88) (see paras 58-61, 64)

5. European Union – Judicial review of the legality of the acts of the institutions – Restrictive measures taken in view of the situation in Venezuela – 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) 2017/2074, as amended by Decisions (CFSP) 2018/90 and (CFSP) 2018/1656, Annex I; Council Regulations No 2017/2063, Annex IV, No 2018/88 and No 2018/1653) (see paras 80-83)

6. European Union – Judicial review of the legality of the acts of the institutions – Restrictive measures taken in view of the situation in Venezuela – Scope of the review – Inclusion of persons involved in undermining democracy and the rule of law – Publicly available documents – Probative value (Council Decision (CFSP) 2017/2074, as amended by Decisions (CFSP) 2018/90 and (CFSP) 2018/1656, Annex I; Council Regulations No 2017/2063, Annex IV, No 2018/88 and No 2018/1653) (see para. 84)

7. Common foreign and security policy – Restrictive measures taken in view of the situation in Venezuela – Freezing of funds of persons responsible for serious violations of human rights or undermining the rule of law – Criteria – Roles conferring responsibility for undermining democracy or the rule of law – No evidence to the contrary – No error of assessment (Council Decision (CFSP) 2017/2074, as amended by Decisions (CFSP) 2018/90 and (CFSP) 2018/1656, Arts 6(1) and 7(1) and Annex I; Council Regulations No 2017/2063, Art. 8(3) and Annex IV, No 2018/88 and No 2018/1653) (see paras 86, 90-94, 97, 99-101, 105, 108, 113)

Re:

Application based on Article 263 TFEU and seeking annulment, first, of Council Decision (CFSP) 2018/90 of 22 January 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 16 I, p. 14) and of Council Decision (CFSP) 2018/1656 of 6 November 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 276, p. 10) and, second, of Council Implementing Regulation (EU) 2018/88 of 22 January 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 16 I, p. 6), and of Council Implementing Regulation (EU) 2018/1653 of 6 November 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 276, p. 1), in so far as those acts concern the applicant.

Operative part

The Court:

1. Dismisses the action;