Judgment_paragraph 57 · Adib Mayaleh v Council of the European Union (T-307/12, T-408/13)

57In the present case, Implementing Regulation No 363/2013 is an act whereby the Council maintained the applicant’s name on the list annexed to Regulation No 36/2012. The Council was therefore required to communicate such an act to the applicant, independently of whether, in order to maintain his name on that list, the Council had relied on new factors. Contrary to the Council’s assertion at the hearing, it does not follow from the judgment in Joined Cases T‑174/12 and T‑80/13 Syrian Lebanese Commercial Bank v Council [2014] ECR, paragraph 149, that the obligation to communicate to the person concerned an act maintaining restrictive measures against him applies only where that act is based on new factors by comparison which those that had initially justified the adoption of such measures. In reality, the case-law on which the Council relies relates to whether respect for the rights of defence of a person on whom restrictive measures are imposed requires that that person be heard prior to the adoption of an act which maintains such measures against him. It is in that context that the case-law has established that the right to be heard prior to the adoption of acts maintaining restrictive measures with respect to persons to whom those measures already apply assumes that the Council has admitted new evidence against those persons (see Syrian Lebanese Commercial Bank v Council, paragraph 149 and the case-law cited).