Judgment_paragraph 73 · Mohammed Al-Ghabra v European Commission (T-248/13)

73In view of those reminders and in the light of those principles, the first part of the second plea in law must be rejected as unfounded. In particular, it is apparent from paragraph 107 of the judgment of 18 July 2013, Kadi II (C‑584/10 P, C‑593/10 P and C‑595/10 P, EU:C:2013:518), that the Commission must take its decision on the basis of the statement of reasons provided by the Sanctions Committee and that, on the other hand, there is no provision, at that stage, for that committee automatically to make available to the Commission, for the purposes of the Commission’s adoption of its decision, any material other than that statement of reasons. It is also apparent from paragraph 108 of the judgment of 18 July 2013, Kadi II (C‑584/10 P, C‑593/10 P and C‑595/10 P, EU:C:2013:518), that the Court of Justice examined and validated, or at least was not critical of, the procedure laid down in that respect by Article 7c of Regulation No 881/2002, as amended by Regulation No 1286/2009, which envisages ‘exclusively’ the communication to the person concerned of the statement of reasons provided by the Sanctions Committee.