Judgment of the Court (Seventh Chamber) of 3 December 2020 – Saleh Thabet and Others v Council

(Joined Cases C‑72/19 P and C‑145/19 P) ( 1 )

(Appeal – Restrictive measures adopted in view of the situation in Egypt – Freezing of funds and economic resources – List of the persons, entities and bodies covered by the freezing of funds and economic resources – Maintenance of the applicants’ names – Decision of an authority of a third State – Obligation of the Council of the European Union to verify that that decision was taken in accordance with the rights of the defence and the right to effective judicial protection – Obligation to state reasons)

Common foreign and security policy – Restrictive measures adopted in view of the situation in Egypt – Decision to freeze funds – Adoption or maintenance on the basis of a national fund-freezing decision of an authority of a third State – Whether permissible – Condition – National decision adopted in accordance with the rights of the defence and the right to effective judicial protection – Council’s verification obligation – Obligation to state reasons – Scope

(Charter of Fundamental Rights of the European Union, Art. 47; Council Decisions (CFSP) 2016/411 and (CFSP) 2017/496; Council Regulation 2017/491)

(see paras 32, 33, 37-41, 43, 45, 46)

Operative part

The Court:

1. Sets aside the judgment of the General Court of the European Union of 22 November 2018, Saleh Thabet and Others v Council (T‑274/16 and T‑275/16, not published, EU:T:2018:826), in so far as, by that judgment, the General Court dismissed the actions seeking the annulment of Council Decision (CFSP) 2016/411 of 18 March 2016 amending Decision 2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt, and of Council Decision (CFSP) 2017/496 of 21 March 2017 amending Decision 2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt;

2. Sets aside the judgment of the General Court of the European Union of 12 December 2018, Mubarak v Council (T‑358/17, not published, EU:T:2018:905);

3. Annuls Decisions 2016/411 and 2017/496, in so far as they concern Ms Suzanne Saleh Thabet, Mr Gamal Mohamed Hosni Elsayed Mubarak, Mr Alaa Mohamed Hosni Elsayed Mubarak, Ms Heddy Mohamed Magdy Hussein Rassekh and Ms Khadiga Mahmoud El Gammal;

4. Annuls Decision 2017/496, Council Implementing Regulation (EU) 2017/491 of 21 March 2017 implementing Regulation (EU) No 270/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt, Council Decision (CFSP) 2018/466 of 21 March 2018 amending Decision 2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt, and Council Implementing Regulation (EU) 2018/465 of 21 March 2018 implementing Regulation (EU) No 270/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt, in so far as those acts concern Mr Mohamed Hosni Elsayed Mubarak;

5. Orders the Council of the European Union to pay the costs incurred both in the proceedings at first instance and in the present appeals.

( 1 ) OJ C 35, 1.2.2021.