Judgment of the General Court (Third Chamber) of 28 May 2013 — Al Matri v Council

(Case T-200/11)

‛Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Freezing of funds — No legal basis’

1. Acts of the institutions — Statement of reasons — Obligation — Scope — Restrictive measures against certain persons and bodies in view of the situation in Tunisia — Freezing of funds of persons involved in the misappropriation of public funds and of natural or legal persons, bodies or organisations associated with them — Decision falling within a context known to the person concerned, enabling him to understand the scope of the measure taken in his regard — Admissibility of a summary statement of reasons — Limits — Statement of reasons not capable of consisting of a general and stereotyped formulation (Art. 296 TFEU; Charter of Fundamental Rights of the European Union, Art. 41(2)(c); Council Decision 2011/79) (see paras 29-35)

2. European Union — Common foreign and security policy — Restrictive measures against certain persons and bodies in view of the situation in Tunisia — Freezing of funds of persons involved in the misappropriation of public funds and of natural or legal persons, bodies or organisations associated with them — Freezing of funds for money laundering imposed by an implementing decision — No overlapping of the concepts of misappropriation of public funds and money laundering — No presumption of a necessary relationship between acts of money laundering committed by members of the family of the country’s leaders with misappropriations of public funds — No legal basis for the implementing decision — Annulment (Council Decisions 2011/72, Art. 1(1), and 2011/79) (see paras 41-50, 61-64, 66, 69)

3. European Union — Judicial review of the legality of the acts of the institutions — Restrictive measures against certain persons and bodies in view of the situation in Tunisia — Freezing of funds of persons involved in the misappropriation of public funds and of natural or legal persons, bodies or organisations associated with them — Assessment of legality by reference to the information available at the time of adoption of the decision (Council Decision 2011/79) (see para. 72)

4. Judicial proceedings — Decision replacing the contested decision during the proceedings — New factor — Extension of the initial pleadings (Rules of Procedure of the General Court, Art. 48(2)) (see para. 80)

5. Actions for annulment — Interest in bringing proceedings — Concept — Action capable of securing a benefit for the applicant — Interest having to subsist until the delivery of the court decision — Contested measure lapsing in the course of the proceedings — Loss of the applicant’s interest in bringing an action — No need to adjudicate (Art. 263 TFEU; Council Decision 2011/79) (see para. 83)

6. Actions for annulment — Judgment annulling a measure — Effects — Limitation by the Court — Restrictive measures against certain persons and bodies in view of the situation in Tunisia — Annulment at two different times of two acts containing identical restrictive measures — Risk of serious undermining of legal certainty — Maintenance of the effects of the first of those acts until the taking effect of annulment of the second (Art. 264 TFEU; Statute of the Court of Justice, Art. 60; Council Regulation No 101/2011; Council Decision 2011/79) (see para 86-89)

Re:

APPLICATION for annulment, first, of Council Implementing Decision 2011/79/CFSP of 4 February 2011 implementing Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2011 L 31, p. 40); secondly, of Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia (OJ 2011 L 31, p. 1); and, thirdly, of Council Decision 2012/50/CFSP of 27 January 2012 amending Decision 2011/72 (OJ 2012 L 27, p. 11), in so far as they apply to the applicant.

Operative part

The Court:

1. Annuls Council Implementing Decision 2011/79/CFSP of 4 February 2011 implementing Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia and Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia, in so far as they concern Mr Fahed Mohamed Sakher Al Matri;

2. Declares that the effects of Implementing Decision 2011/79 with respect to Mr Al Matri shall be maintained until the annulment of Regulation No 101/2011 takes effect in so far as it concerns Mr Al Matri;

3. Declares that there is no need to adjudicate on the remainder of the action;

4. Orders the Council of the European Union to bear its own costs and to pay those incurred by Mr Al Matri;