Judgment_paragraph 141 · Organisation des Modjahedines du peuple d'Iran v Council of the European Union (T-228/02)

141The Court has consistently held that the statement of reasons required by Article 253 EC must be appropriate to the measure at issue and to the context in which it was adopted. It must disclose in a clear and unequivocal fashion the reasoning followed by the institution which adopted the measure in question in such a way as to enable the persons concerned to ascertain the reasons for the measure and to enable the competent court to exercise its power of review of the lawfulness thereof. The requirements to be satisfied by the statement of reasons depend on the circumstances of each case, in particular the content of the measure in question, the nature of the reasons given and the interest which the addressees of the measure, or other parties to whom it is of direct and individual concern, may have in obtaining explanations. It is not necessary for the statement of reasons to specify all the relevant matters of fact and law, since the question whether the statement of reasons meets the requirements of Article 253 EC must be assessed with regard not only to its wording but also to its context and to all the legal rules governing the matter in question. In particular, the reasons given for a decision are sufficient if it was adopted in circumstances known to the party concerned which enable him to understand the scope of the measure concerning him (Case 125/80 Arning v Commission [1981] ECR 2539, paragraph 13; Case C-367/95 P Commission v Sytraval and Brink's France [1998] ECR I-1719, paragraph 63; Case C-301/96 Germany v Commission [2003] ECR I-9919, paragraph 87; Case C-42/01 Portugal v Commission [2004] ECR I-6079, paragraph 66; and Joined Cases T-228/99 and T-233/99 Westdeutsche Landesbank Girozentrale and Land Nordrhein-Westfalen v Commission [2003] ECR II-435, paragraphs 278 to 280). Moreover, the degree of precision of the statement of the reasons for a decision must be weighed against practical realities and the time and technical facilities available for making the decision (see Delacre and Others v Commission, paragraph 83 above, paragraph 16, and case-law cited).

Organisation des Modjahedines du peuple d'Iran v Council of the European Union (T-228/02)

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