Judgment of the General Court (Fifth Chamber) of 12 December 2018 –

Othman v Council

(Case T‑416/16)

(Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Rights of the defence — Right to effective judicial protection — Obligation to state reasons — Manifest error of assessment — Right to honour and reputation — Right to property — Presumption of innocence — Restrictions on entry into and transit through the territory of the European Union — Proportionality)

1. Judicial proceedings — Application initiating proceedings — Formal requirements — Identification of the subject-matter of the dispute (Rules of Procedure of the General Court, Art. 76(d)) (see para. 37)

2. Acts of the institutions — Statement of reasons — Obligation — Scope — Restrictive measures against Syria — Freezing of funds of persons, entities or bodies having regard to the situation in Syria — Decision falling within a context known to the person concerned, enabling him to understand the scope of the measure taken against him — Whether summary statement of reasons sufficient (Art. 296 TFEU; Council Decisions (CFSP) 2016/850, (CFSP) 2017/917 and (CFSP) 2018/778) (see paras 71-76, 80)

3. 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 (CFSP) 2016/850, (CFSP) 2017/917 and (CFSP) 2018/778) (see paras 85-87)

4. 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 (Council Decisions (CFSP) 2016/850, (CFSP) 2017/917 and (CFSP) 2018/778) (see para. 88)

5. Common foreign and security policy — Restrictive measures against Syria — Freezing of the funds of persons, entities or organisations associated with the Syrian regime — Restrictions on the right of property, honour and reputation and on the freedom of movement — Breach of principle of proportionality — None (Charter of Fundamental Rights of the European Union, Art. 17; Council Decisions 2013/255/CFSP, (CFSP) 2016/850, (CFSP) 2017/917 and (CFSP) 2018/778) (see paras 111-116, 118, 119, 128-130, 132-134)

6. EU law — Principles — Fundamental rights — Presumption of innocence — Fund-freezing decision against certain persons and bodies in view of the situation in Syria — Compatibility with that principle — Conditions (Charter of Fundamental Rights of the European Union, Art. 48(1); Council Decisions 2013/255/CFSP, Recital 1, (CFSP) 2016/850, (CFSP) 2017/917 and (CFSP) 2018/778) (see paras 122-125)

Re:

Application pursuant to Article 263 TFEU seeking the annulment 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 the subsequent measures giving effect to that decision, of Council Decision (CFSP) 2017/917 of 29 May 2017 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2017 L 139, p. 62), and of Council Decision (CFSP) 2018/778 of 28 May 2018 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2018 L 131, p. 16), in so far as those acts concern the applicant.

Operative part

The Court:

1. Dismisses the action;