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CJEU - T 383/11 / Judgment

Makhlouf v Council
Deciding body type
Court of Justice of the European Union
Deciding body
General Court (Sixth Chamber)
Typ
Decision
Decision date
13/09/2013
ECLI (European case law identifier)
ECLI:EU:T:2013:431

Charta der Grundrechte der Europäischen Union

Title VI: Justice

Article 47 - Right to an effective remedy and to a fair trial

Title II: Freedoms

Article 7 - Respect for private and family life

Title II: Freedoms

Article 17 - Right to property

VIEW FULL CASE
  • CJEU - T 383/11 / Judgment
    Key facts of the case:
     

    Common foreign and security policy - Restrictive measures against Syria - Freezing of funds and economic resources - Restrictions on entry into, or transit through, the territory of the European Union - Rights of defence - Obligation to state reasons - Manifest error of assessment - Fundamental rights.

    Outcome of the case:

    On those grounds, THE GENERAL COURT (Sixth Chamber) hereby:

    1. Dismisses the action;
    2. Orders Mr Eyad Makhlouf to bear his own costs and to pay those incurred by the Council of the European Union;
    3. Orders the European Commission to bear its own costs.
  • Paragraphs referring to EU Charter

    31) It should be recalled that the fundamental right to observance of the rights of defence during a procedure preceding the adoption of a restrictive measure is expressly affirmed in Article 41(2)(a) of the Charter of Fundamental Rights of the European Union (OJ 2010 C 83, p. 389), recognised by Article 6(1) TEU as having the same legal value as the Treaties (see, to that effect, Case C-27/09 P France v People’s Mojahedin Organization of Iran [2011] ECR I-13427, paragraph 66).

    32) It should also be noted that, according to settled case‑law, the principle of effective judicial protection is a general principle of European Union law stemming from the constitutional traditions common to the Member States, which has been enshrined in Articles 6 and 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, this principle having furthermore been reaffirmed by Article 47 of the Charter of Fundamental Rights (Case C-432/05 Unibet [2007] ECR I-2271, paragraph 37, and Joined Cases C-402/05 P and C-415/05 P Kadi and Al Barakaat International Foundation v Council and Commission [2008] ECR I-6351, paragraph 335; ‘Kadi’).

    ...

    96) The right to property is one of the general principles of European Union law and is enshrined in Article 17 of the Charter of Fundamental Rights. With regard to respect for private life, Article 7 of the Charter of Fundamental Rights recognises the right to respect for private and family life (see, to that effect, Joined Cases C‑356/11 and C‑357/11 O and S [2012] ECR, paragraph 76).