Case T‑643/16
Gamaa Islamya Égypte
v
Council of the European Union
Judgment of the General Court (First Chamber), 10 April 2019
(Common foreign and security policy — Specific restrictive measures directed against certain persons and entities with a view to combating terrorism — Freezing of funds — Whether an authority of a third State can be classified as a competent authority within the meaning of Common Position 2001/931/CFSP — Factual basis of the decisions to freeze funds — Obligation to state reasons — Authentication of Council acts)
Common foreign and security policy — Specific restrictive measures directed against certain persons and entities with a view to combating terrorism — Decision to freeze funds — Adoption or retention on the basis of a national decision to freeze funds — Competent authority to adopt that national decision — Concept — Authority of a non-member State — Included
(Council Common Position 2001/931, Art. 1(4))
(see paragraphs 81, 82)
Common foreign and security policy — Specific restrictive measures directed against certain persons and entities with a view to combating terrorism — Decision to freeze funds — Adoption or retention on the basis of a national fund-freezing decision of an authority of a third State — Lawfulness — 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
(Council Common Position 2001/931, Art. 1(4))
(see paragraphs 85-88, 133)
EU law — Principles — Rights of defence — Decision to freeze funds directed against certain persons and entities suspected of terrorist activities — Duties of the Council — Communication to the person concerned of inculpatory evidence and the right to be heard — Scope
(Council Common Position 2001/931, Art. 1(4))
(see paragraphs 93, 94)
Common foreign and security policy — Specific restrictive measures directed against certain persons and entities with a view to combating terrorism — Decision to freeze funds — Adoption or maintenance on the basis of a national decision to investigate, prosecute or convict — Competent authority to adopt that national decision — Meaning — Administrative authority — Included — Conditions
(Council Common Position 2001/931, Art. 1(4))
(see paragraphs 110-116)
Common foreign and security policy — Specific restrictive measures directed against certain persons and entities with a view to combating terrorism — Decision to freeze funds — Adoption or maintenance on the basis of a national decision to investigate, prosecute or convict — No requirement that a national decision be taken in the context of criminal proceedings stricto sensu — Conditions
(Council Common Position 2001/931, Art. 1(4))
(see paragraphs 119-121)
Common foreign and security policy — Specific restrictive measures directed against certain persons and entities with a view to combating terrorism — Duty of sincere cooperation between Member States and the institutions of the European Union — Decision to freeze funds — Justification — Respecting fundamental rights — Judicial review — Scope
(Council Common Position 2001/931, Art. 1(4))
(see paragraphs 129-132)
Common foreign and security policy — Specific restrictive measures directed against certain persons and entities with a view to combating terrorism — Duty of sincere cooperation between Member States and the institutions of the European Union — Decision to freeze funds — Adoption or maintenance on the basis of a national decision to investigate, prosecute or convict — Obligation to state reasons — Scope — National decision to convict — No obligation to adduce the serious and credible evidence or clues underlying the national decision
(Council Common Position 2001/931, Art. 1(4))
(see paragraphs 140-146, 148)
Common foreign and security policy — Specific restrictive measures directed against certain persons and entities with a view to combating terrorism — Decision to freeze funds — Retention on the basis of a national decision to freeze funds — National decision no longer by itself supporting the conclusion that there is an ongoing risk of involvement in acts of terrorism — Obligation of the Council to take into account more recent facts which demonstrate that that risk is ongoing
(Council Common Position 2001/931, Art. 1(6))
(see paragraphs 154-157, 170)
Acts of the institutions — Statement of reasons — Obligation — Scope — Decision to freeze funds directed against certain persons and entities suspected of terrorist activities — Minimum requirements
(Art. 296 TFEU)
(see paragraphs 160-163, 173)
European Union — Judicial review of the legality of the acts of the institutions — Specific restrictive measures directed against certain persons and entities with a view to combating terrorism — Decision to freeze funds — Retention on the basis of a national decision to freeze funds — Ambit of the review — Review extending to all of the material used to demonstrate that the risk of involvement in acts of terrorism is ongoing
(Art. 296 TFEU; Council Common Position 2001/931, Art. 1(4) and (6))
(see paragraphs 160, 185, 186)
Actions for annulment — Grounds — Infringement of essential procedural requirements — Infringement of the provisions of the Council’s Rules of Procedure relating to the authentication of its acts — Whether necessary to rely on harm or defects other than lack of authentication — Not necessary
(Art. 297(2), first subpara., TFEU; Council’s Rules of Procedure, Art. 15)
(see paragraphs 196-204, 209, 210, 218, 219, 228, 229)
Acts of the institutions — Statement of reasons — Obligation — Scope — Decision to freeze funds directed against certain persons and entities suspected of terrorist activities — Decision and statement of reasons are in separate documents — Separate publication is justified by overriding considerations in the public interest — Presumption that the unsigned statement of reasons is authentic — Absence — Obligation to authenticate the decision and the statement of reasons
(Art. 296 TFEU; Council’s Rules of Procedure, Art. 15)
(see paragraphs 214-216, 222, 223)