Article 47 - Right to an effective remedy and to a fair trial
Key facts of the case:
(Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Error of assessment)
Results (sanctions) and key consequences of the case:
The General Court (First Chamber) hereby:
37. The effectiveness of the judicial review guaranteed by Article 47 of the Charter of Fundamental Rights of the European Union requires in particular that the Courts of the European Union ensure that the measure at issue, which affects the person or entity concerned individually, is taken on a sufficiently solid factual basis. That entails a verification of the facts alleged in the summary of reasons underpinning that measure, 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 (see, to that effect, judgment in Council v Fulmen and Mahmoudian, paragraph 35 above, EU:C:2013:775, paragraph 64 and case-law cited).
