Judgment_paragraph 76 · Al-Bashir Mohammed Al-Faqih and Others v European Commission (C-19/16 P)

76It also states that the three very general arguments put forward by the appellants in support of their claim that the General Court took an irrational view of the facts are unfounded. First of all, the assertion that the ground set out in paragraph 70 of the judgment under appeal is unsubstantiated is untenable, the General Court having correctly found that the Commission had carried out a careful, independent and critical review of the appellants’ observations and of their entry on the list of persons subject to restrictive measures that was decided upon by the Sanctions Committee, and, moreover, that it had not automatically reproduced that committee’s conclusions. Next, in the Commission’s submission, the appellants’ arguments that the grounds set out in paragraphs 66 to 70 of the judgment under appeal are incompatible with the judgments of 18 July 2013, Commission and Others v Kadi (C‑584/10 P, C‑593/10 P and C‑595/10 P, EU:C:2013:518); of 21 March 2014, Yusef v Commission (T‑306/10, EU:T:2014:141); and of 14 April 2015, Ayadi v Commission (T‑527/09 RENV, not published, EU:T:2015:205) are unfounded, since the question as to whether there is an infringement of the rights of the defence and of the right to effective judicial protection must be examined in relation to the specific circumstances of each particular case. Lastly, the argument that paragraphs 66 to 70 of the judgment under appeal are vitiated by an error of law because no approach was made to the United Kingdom at all, at any time, is unfounded. It does not follow from that case-law that the Commission is obliged to approach the United Kingdom. In any event, the Commission had consulted the EU Committee for the review of listings, on which all the Member States are represented.

Al-Bashir Mohammed Al-Faqih and Others v European Commission (C-19/16 P)

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