Case T‑572/11

Samir Hassan

v

Council of the European Union

‛Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Actions for annulment — Adaptation of claims — Out of time — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Manifest error of assessment — Right to property — Proportionality — Action for damages’

Summary — Judgment of the General Court (Seventh Chamber), 16 July 2014

Judicial proceedings — Measures repealing and replacing the contested measure in the course of proceedings — Application to amend pleas for annulment formulated in the course of the proceedings — Time-limit for the submission of such an application — Point from which time starts to run — Date of communication of the new measure to the persons concerned (Art. 263, sixth para., TFEU; Council Decisions 2011/515/CFSP, 2011/782/CFSP, 2012/739/CFSP, 2013/185/CFSP and 2013/255/CFSP; Council Regulations No 843/2011, No 36/2012 and No 363/2013)

Actions for annulment — Time-limits — Point from which time starts to run — Measure entailing restrictive measures against a person or body — Measure published and notified to the addressees — Date of notification of the measure — Notification to the person concerned by means of a publication in the Official Journal of the European Union — Lawfulness — Conditions — Council unable to notify (Art. 263, sixth para., TFEU; Council Decisions 2011/515/CFSP, 2011/782/CFSP, 2012/739/CFSP, 2013/185/CFSP and 2013/255/CFSP; Council Regulations No 843/2011, No 36/2012 and No 363/2013)

EU law — Principles — Rights of defence — Right to effective judicial protection — Restrictive measures against Syria — Prohibition of entry and transit and freezing of funds of certain persons and entities responsible for violent repression against the civilian population — Obligation to disclose incriminating evidence — Scope (Charter of Fundamental Rights of the European Union, Arts 41(2), and 47; Council Decision 2011/515/CFSP; Council Regulation No 843/2011)

EU law — Principles — Rights of defence — Right to be heard — Right to a fair trial and effective judicial protection — Prohibition of entry and transit and freezing of funds of certain persons and entities responsible for violent repression against the civilian population in Syria — Such persons and entities not notified of the evidence against them or given a hearing — Lawfulness (Charter of Fundamental Rights of the European Union, Arts 41(2), and 47; Council Decisions 2011/515/CFSP, 2011/782/CFSP, 2012/739/CFSP, 2013/185/CFSP and 2013/255/CFSP; Council Regulations No 843/2011, No 36/2012 and No 363/2013)

Common foreign and security policy — Restrictive measures against Syria — Prohibition of entry and transit and freezing of funds of certain persons and entities responsible for violent repression against the civilian population — Rights of defence — Right to effective judicial protection — Obligation to notify the individual and specific reasons justifying such measures — Scope — Means of communication (Charter of Fundamental Rights of the European Union, Arts 41(2), and 47; Council Decision 2011/782/EC; Council Regulation No 36/2012)

Acts of the institutions — Statement of reasons — Obligation — Scope — Restrictive measures against Syria — Prohibition of entry and transit and freezing of funds of certain persons and entities responsible for violent repression against the civilian population — Decision falling within a context known to the person concerned, enabling him to understand the scope of the measure taken in his regard — Whether a summary statement of reasons is sufficient (Art. 296 TFEU; Council Decisions 2011/273/CFSP, 2011/515/CFSP, 2011/522/CFSP, 2011/782/CFSP, 2013/185/CFSP and 2013/255/CFSP; Council Regulations No 843/2011, 36/2012 and No 363/2013)

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 2011/515/CFSP, 2011/782/CFSP, 2013/185/CFSP and 2013/255/CFSP; Council Regulations No 843/2011, No 36/2012 and No 363/2013)

Actions for annulment — Judgment annulling a measure — Effects — Limitation by the Court — Restrictive measures against certain persons and entities in view of the situation in Syria — Risk of serious and irreversible undermining being caused to the effectiveness of any asset-freezing likely to be, in future, decided by the Council against the persons concerned by the annulled measure — Maintenance of the effects of the annulled decisions and regulations until expiry of the time-limit for an appeal or the dismissal thereof (Arts 264, second para., TFEU and 266 TFEU; Statute of the Court of Justice, Arts 56, first para., and 60, second para.; Council Decisions 2011/515/CFSP, 2011/782/CFSP, 2013/185/CFSP and 2013/255/CFSP; Council Regulations No 843/2011, No 36/2012 and No 363/2013)

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