Fulmen and Mahmoudian v Council of the European Union (T-439/10, T-440/10)

Judgment of 21 Mar 2012

law://eu/cjeu/2010/t-439-10/para_87@2026-11-15

87The 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 Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, and in Article 47 of the Charter of Fundamental Rights of the European Union (OJ 2007 C 303, p. 1). The effectiveness of judicial review means that the European Union authority in question is bound to communicate the grounds for a restrictive measure to the entity concerned, so far as possible, either when that measure is adopted or, at the very least, as swiftly as possible after that decision, in order to enable the entity concerned to exercise, within the periods prescribed, their right to bring an action. Observance of that obligation to communicate the grounds is necessary both to enable the persons to whom restrictive measures are addressed to defend their rights in the best possible conditions and to decide, with full knowledge of the relevant facts, whether there is any point in their applying to the courts of the European Union, and also to put the latter fully in a position to carry out the review of the lawfulness of the measure in question which is the duty of those courts (see, to that effect and by analogy, Kadi and Al Barakaat International Foundation v Council and Commission, paragraphs 335 to 337 and case-law cited).

Fulmen and Mahmoudian v Council of the European Union (T-439/10, T-440/10)

Key facts

History · 1 version

Connections