Not the law itself: Judgment

Address https://gelex.eu/eli/EU/judgment/62018TJ0553_INF@2021-07-14/en

1. Action for annulmentNatural or legal personsMeasures of direct and individual concern to themRestrictive measures taken in view of the situation in VenezuelaRegulation reviewing the list of persons, groups or entities concerned without repealing the earlier regulationAction brought by a person who was not mentioned in that regulationAdmissibility (Art. 263 TFEU; Council Decision (CFSP) 2018/1656; Council Regulation 2018/1653) (see paras 33-35)

2. European UnionJudicial review of the legality of the acts of the institutionsRegulation introducing restrictive measures against certain persons and entities in view of the situation in VenezuelaScope of the reviewProof that the measure is well foundedObligation on the competent EU authority to establish, in the event of challenge, that the grounds held against the persons or entities concerned are well founded (Charter of Fundamental Rights of the European Union, Art. 47; Council Decision (CFSP) 2017/2074, as amended by Decisions (CFSP) 2018/901 and (CFSP) 2018/1656, Annex I; Council Regulations No 2017/2063, Annex IV, No 2018/899 and No 2018/1653) (see paras 43-46, 48)

3. European UnionJudicial review of the legality of the acts of the institutionsRestrictive measures taken in view of the situation in VenezuelaScope of the reviewInclusion of persons involved in undermining democracy and the rule of lawPublicly available documentsProbative valuePrinciple of the unfettered assessment of the evidence (Council Decision (CFSP) 2017/2074, as amended by Decisions (CFSP) 2018/901 and (CFSP) 2018/1656, Annex I; Council Regulations No 2017/2063, Annex IV, No 2018/899 and No 2018/1653) (see para. 47)

4. Common foreign and security policyRestrictive measures taken in view of the situation in VenezuelaFreezing of funds of persons responsible for serious violations of human rights or undermining the rule of lawCriteriaRoles conferring responsibility for undermining democracy or the rule of lawError of assessmentNone (Council Decision (CFSP) 2017/2074, as amended by Decisions (CFSP) 2018/901 and (CFSP) 2018/1656, Arts 6(1) and 7(1), and Annex I; Council Regulations No 2017/2063, Art. 8(3) and Annex IV, No 2018/899 and No 2018/1653) (see paras 50, 53-58)

5. Common foreign and security policyRestrictive measures taken in view of the situation in VenezuelaFreezing of funds of persons responsible for serious violations of human rights or undermining the rule of lawRestriction of the right to propertyBreach of principle of proportionalityNone (Art. 21(2)(b) TEU; Charter of Fundamental Rights of the European Union, Arts 17(1) and 52(1); Council Decision (CFSP) 2017/2074, as amended by Decision (CFSP) 2018/901, Art. 7(4) and Annex I; Council Regulations No 2017/2063, Arts 8 and 9(1), and Annex IV, and No 2018/899) (see paras 65-71, 73-78, 81, 83)

Re: Application based on Article 263 TFEU and seeking annulment, first, of Council Decision (CFSP) 2018/901 of 25 June 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 160 I, p. 12) and of Council Decision (CFSP) 2018/1656 of 6 November 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 276, p. 10) and, second, of Council Implementing Regulation (EU) 2018/899 of 25 June 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 160 I, p. 5), and of Council Implementing Regulation (EU) 2018/1653 of 6 November 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 276, p. 1), in so far as those acts concern the applicant. Operative part The Court:

1. Dismisses the action;

2. Orders Ms Delcy Eloina Rodríguez Gómez to pay the costs.

Versions

1. 2021-07-14