Judgment of the General Court (Third Chamber) of 20 September 2016 —

Alsharghawi v Council

(Case T‑485/15)

‛Common foreign and security policy — Restrictive measures taken in view of the situation in Libya — Freezing of funds — List of persons subject to restrictions on entry into and transit through EU territory — Functions of the former head of cabinet of Muammar Qadhafi — Choice of legal basis — Obligation to state reasons — Rights of the defence — Presumption of innocence — Proportionality — Freedom of movement — Right to property — Obligation to justify the merits of the measure’

1. Common foreign and security policy — Restrictive measures against Libya — Legal basis — Restrictive measures provided for by a decision and a regulation adopted, respectively, on the basis of Article 29 TEU and Article 215 TFEU — Power of the Council to adopt independent fund-freezing restrictive measures, distinct from those recommended by the UN Security Council (Art. 29 TEU; Art. 215 TFEU; Council Decision 2015/1333/CFSP; Council Regulations No 204/2011 and No 2015/1323) (see paras 20, 21)

2. Acts of the institutions — Statement of reasons — Obligation — Scope — Restrictive measures against Libya — Prohibition of entry and passage and freezing of funds of persons and entities having participated in the commission of serious human rights violations in that State — Decision falling within a context known to the person concerned — Whether summary statement of reasons sufficient (Art. 296 TFEU; Council Decision 2015/1333/CFSP; Council Regulations No 204/2011 and No 2015/1323) (see paras 26-31)

3. Actions for annulment — Grounds — Lack of or inadequate statement of reasons — Separate ground from the one concerning substantive legality (Arts 263 TFEU and 296 TFEU) (see paras 32, 33)

4. EU law — Principles — Rights of defence — Right to effective judicial protection — Restrictive measures against Libya — Freezing of funds of persons and entities having participated in the commission of serious human rights violations in that State — No right to be heard prior to the adoption of such measures — Rights guaranteed by judicial review exercised by the EU judicature and by the possibility of a hearing after the measures are taken — Obligation to disclose incriminating evidence — Scope (Art. 6(1) TEU; Charter of Fundamental Rights of the European Union, Art. 41(2)(a); Council Decision 2015/1333/CFSP; Council Regulations No 204/2011 and No 2015/1323) (see paras 50-57, 59, 60)

5. EU law — Principles — Fundamental rights — Presumption of innocence — Fund-freezing decision taken against persons and entities having regard to the situation in Libya — Compatibility with that principle — Conditions (Charter of Fundamental Rights of the European Union, Art. 48(1); Council Decision 2015/1333/CFSP; Council Regulations No 204/2011 and No 2015/1323) (see paras 68-72)

6. Common foreign and security policy — Restrictive measures against Libya — Prohibition of entry and passage and freezing of funds of persons and entities having participated in the commission of serious human rights violations in that State — Restriction of the right to property and freedom of movement within the EU — No breach of principle of proportionality (Charter of Fundamental Rights of the European Union, Art. 17; Council Decision 2015/1333/CFSP; Council Regulations No 204/2011 and No 2015/1323) (see paras 80-85, 89-92)

7. European Union — Judicial review of the legality of the acts of the institutions — Restrictive measures taken having regard to the situation in Libya — Ambit of the review — Proof the measure 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 well-founded (Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2015/1333/CFSP; Council Regulations No 204/2011 and No 2015/1323) (see paras 97-103)

Re:

APPLICATION on the basis of Article 263 TFEU seeking the annulment in part, firstly, of Council Decision 2015/1333/CFSP 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, secondly, Council Implementing Regulation (EU) 2015/1323 of 31 July 2015 implementing Article 16(2) of Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya (OJ 2015 L 206, p. 4).

Operative part

The Court:

1. Dismisses the action;