Judgment_paragraph 128 · Adib Mayaleh v Council of the European Union (T-307/12, T-408/13)

128As for the review of the lawfulness of a decision to include the name of a person or an entity on the lists annexed to acts incorporating the adoption of restrictive measures, the Courts of the European Union must satisfy themselves that that decision, which assumes individual scope for that person, has a sufficiently solid factual basis. That involves assessing the facts alleged in the statement of reasons on which the decision is based, with the consequence that judicial review cannot be restricted to an assessment of the cogency in the abstract of the reasons relied on, but must concern whether those reasons, or, at the very least, one of those reasons, deemed sufficient in itself to support that decision, is substantiated. In the event of challenge, it is for the Council to show that the reasons taken into consideration vis-à-vis the person concerned are well founded, and not for that person to adduce negative evidence showing that those reasons are not well founded (see, to that effect, T‑390/08 Bank Melli Iran v Council, paragraph 85 above, paragraph 37, and judgment of 5 December 2012 in Case T‑421/11 Qualitest v Council, not published in the ECR, paragraph 55; see also, to that effect and by analogy, Joined Cases C‑584/10 P, C‑593/10 P and C‑595/10 P Commission and Others v Kadi [2013] ECR, paragraphs 119 and 121).