17 December 2014 (*1)

‛Common foreign and security policy — Restrictive measures against certain persons and entities with a view to combating terrorism — Freezing of funds — Factual basis of the decisions to freeze funds — Reference to terrorist acts — Need for a decision of a competent authority for the purpose of Common Position 2001/931 — Obligation to state reasons — Temporal adjustment of the effects of an annulment’

In Case T‑400/10,

Hamas, established in Doha (Qatar), represented by L. Glock, lawyer,

applicant,

Council of the European Union, represented initially by B. Driessen and R. Szostak, and subsequently by B. Driessen and G. Étienne, acting as Agents,

defendant,

supported by

European Commission, represented initially by M. Konstantinidis and É. Cujo, and subsequently by M. Konstantinidis and F. Castillo de la Torre, acting as Agents,

intervener,

APPLICATION for, initially, annulment of the Council Notice for the attention of the persons, groups and entities on the list provided for in Article 2(3) of Council Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (OJ 2010 C 188, p. 13); of Council Decision 2010/386/CFSP of 12 July 2010 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism (OJ 2010 L 178, p. 28); and of Council Implementing Regulation (EU) No 610/2010 of 12 July 2010 implementing Article 2(3) of Regulation (EC) No 2580/2001 and repealing Implementing Regulation (EU) No 1285/2009 (OJ 2010 L 178, p. 1), in so far as those measures concern the applicant,

composed of N.J. Forwood, President, F. Dehousse (Rapporteur) and J. Schwarcz, Judges,

Registrar: C. Kristensen, Administrator,

further to the hearing on 28 February 2014 and to the closure of the oral procedure on 9 April 2014,

having regard to the decision of 15 October 2014 re-opening the oral procedure and further to its closure on 20 November 2014,

gives the following

Background to the dispute

On 27 December 2001, the Council of the European Union adopted Common Position 2001/931/CFSP on the application of specific measures to combat terrorism (OJ 2001 L 344, p. 93), Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (OJ 2001 L 344, p. 70) and Decision 2001/927/EC establishing the list provided for in Article 2(3) of Regulation No 2580/2001 (OJ 2001 L 344, p. 83).

‘Hamas-Izz al-Din al-Qassem (terrorist wing of Hamas)’ appeared on the lists annexed to Common Position 2001/931 and Decision 2001/927.

Those two instruments were regularly updated, in application of Article 1(6) of Common Position 2001/931 and Article 2(3) of Regulation No 2580/2001, and ‘Hamas-Izz al-Din al-Qassem (terrorist wing of Hamas)’ remained on the lists. Since 12 September 2003, the entity on the lists has been ‘Hamas (including Hamas-Izz al-Din al-Qassem)’.

On 12 July 2010, the Council adopted Decision 2010/386/CFSP updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931 (OJ 2010 L 178, p. 28) and Implementing Regulation (EU) No 610/2010 implementing Article 2(3) of Regulation No 2580/2001 and repealing Implementing Regulation (EU) No 1285/2009 (OJ 2010 L 178, p. 1) (together ‘the Council measures of July 2010’).

5.5

‘“Hamas”, including “Hamas-Izz al-Din al-Qassem”’ continued to be included on the lists contained in those measures.

6.6

On 13 July 2010, the Council published in the Official Journal of the European Union a Notice for the attention of the persons, groups and entities on the list provided for in Article 2(3) of Regulation No 2580/2001 (OJ 2010 C 188, p. 13; ‘the notice of July 2010’).

Procedure and new developments in the course of the proceedings

By document lodged at the Court Registry on 12 September 2010, the applicant brought the present action.

8.8

In its application, the applicant claims that the Court should:

annul the notice of July 2010 and the Council measures of July 2010;

order the Council to pay the costs.

By document lodged at the Court Registry on 21 December 2010, the European Commission sought leave to intervene in support of the form of order sought by the Council. That application was granted by order of the President of the Second Chamber of the Court of 7 February 2011.

On 31 January 2011, the Council adopted Decision 2011/70/CFSP updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931 (OJ 2011 L 28, p. 57), whereby it maintained the applicant on the list, and Implementing Regulation (EU) No 83/2011 implementing Article 2(3) of Regulation No 2580/2001 and repealing Implementing Regulation No 610/2010 (OJ 2011 L 28, p. 14) (‘the Council measures of January 2011’).

11.11

On 2 February 2011, the Council published in the Official Journal of the European Union a Notice for the attention of the persons, groups and entities on the list provided for in Article 2(3) of Regulation No 2580/2001 (OJ 2011 C 33, p. 14).

12.12

By letter of 2 February 2011, notified to the applicant on 7 February 2011, the Council sent the applicant the statement of reasons for maintaining it on the list.

13.13

By letter of 17 February 2011, lodged at the Court Registry on the same date, the applicant referred to the Council measures of January 2011 and the letter of 2 February 2011. It stated that it maintained the pleas in its application against those measures and that it would develop its criticisms against the reasons for maintaining it on the list notified by the letter of 2 February 2011.

By letter of 30 May 2011, the Council informed the applicant that it intended, when it next reviewed the restrictive measures, to maintain the applicant on the list of persons, groups and entities subject to the restrictive measures provided for in Regulation No 2580/2001.

15.15

After hearing the other parties, the Court, by letter from the Registry of 15 June 2011, authorised the applicant to amend, in its reply, the pleas in law and form of order sought in its action with respect to the Council measures of January 2011, if appropriate in the light of the reasons set out in the letter of 2 February 2011. On the other hand, the Court did not authorise the applicant to amend the form of order sought so far as the letter of 2 February 2011 was concerned.

16.16

The time-limit for lodging the reply was set at 27 July 2011.

On 18 July 2011, the Council adopted Decision 2011/430/CFSP updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931 (OJ 2011 L 188, p. 47), whereby it maintained the applicant on the list, and Implementing Regulation (EU) No 687/2011 implementing Article 2(3) of Regulation No 2580/2001 and repealing Implementing Regulations No 610/2010 and No 83/2011 (OJ 2011 L 188, p. 2) (together ‘the Council measures of July 2011’).

18.18

On 19 July 2011, the Council published in the Official Journal of the European Union a Notice for the attention of the persons, groups and entities on the list provided for in Article 2(3) of Regulation No 2580/2001 (OJ 2011 C 212, p. 20).

19.19

By letter of 19 July 2011, the Council sent the applicant the statement of reasons for maintaining it on the list.

By letter of 27 July 2011, the applicant referred to the Council measures of July 2011 and the letter of 19 July 2011 as replacing the measures initially contested. It observed that the publication or notification of those measures caused a new two-month period for bringing an action to begin to run. It stated the reasons why the reply had not been lodged.

21.21

The letter of 27 July 2011 was placed on the file as an application to extend the period for lodging the reply.

22.22

By letters from the Registry of 16 September 2011, the Court informed the parties that it had decided not to grant that application for an extension and set at 2 November 2011 the deadline by which the Commission was to lodge its statement in intervention.

23.23

On 28 September 2011, the applicant lodged a supplementary pleading at the Court Registry. In that pleading, the applicant stated that it ‘extended the form of order seeking annulment to include [the Council measures of July 2011]’.

24.24

The applicant also stated that, in the light of the initial application, the letter of 17 February 2011 and the supplementary pleading, the present action should henceforth be considered to be brought against the Council measures of July 2010, January 2011 and July 2011. The applicant further stated that the claims submitted against the notice of July 2010 were also maintained and made clear that its applications for annulment related to the measures at issue solely in so far as they concerned the applicant.

25.25

On 28 October 2011, the Commission lodged its statement in intervention.

26.26

By letter of 15 November 2011, the Council informed the applicant’s counsel that it intended, when it next reviewed the restrictive measures, to maintain the applicant on the list of persons, groups and entities subject to the restrictive measures provided for in Regulation No 2580/2001.

27.27

By decision of the Court of 8 December 2011, the supplementary pleading was placed on the file.

28.28

By letter of 20 December 2011, the Court informed the parties that, since the period within which an action for annulment of the Council measures of January 2011 had expired before the supplementary pleading was lodged, the amendment of the form of order sought in the action to include those measures, which was in itself admissible, since it had already been requested and put into effect to the requisite legal standard by the applicant’s letter of 17 February 2011, would be examined only in the light of the pleas and arguments put forward by that party before the expiry of the period within which an action for annulment of those measures could be brought, that is to say, the pleas and arguments put forward in the application initiating the proceedings.

29.29

The Court set 17 February 2012 as the deadline by which the Council and the Commission were to lodge their observations on the amendment of the form of order sought to include the Council measures of January 2011 and on 5 March 2012 it extended until 3 April 2012 the deadline by which those parties were to lodge their observations on the supplementary pleading.

30On 22 December 2011, the Council adopted Decision 2011/872/CFSP updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931 and repealing Decision 2011/430 (OJ 2011 L 343, p. 54), whereby it maintained the applicant on the list, and Implementing Regulation (EU) No 1375/2011 implementing Article 2(3) of Regulation No 2580/2001 and repealing Implementing Regulation No 687/2011 (OJ 2011 L 343, p. 10) (together ‘the Council measures of December 2011’).

31On 23 December 2011, the Council published in the Official Journal of the European Union a Notice for the attention of the persons, groups and entities on the list provided for in Article 2(3) of Regulation No 2580/2001 (OJ 2011 C 377, p. 17).

32By letter lodged at the Court Registry on 1 February 2012, the applicant amended the form or order sought to include the Council measures of December 2011.

33By documents lodged at the Court Registry on 13 and 16 February 2012, the Commission and the Council, at the Court’s invitation, lodged their observations on the amendment of the form of order sought to include the Council measures of January 2011.

34By documents lodged at the Court Registry on 3 April 2012, the Council and the Commission, at the Court’s invitation, lodged their observations on the supplementary pleading.

35On 25 June 2012, the Council adopted Decision 2012/333/CFSP updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931 and repealing Decision 2012/765 (OJ 2012 L 165, p. 72), whereby it maintained the applicant on the list, and Implementing Regulation (EU) No 542/2012 implementing Article 2(3) of Regulation No 2580/2001 and repealing Implementing Regulation No 1375/2011 (OJ 2012 L 165, p. 12) (together ‘the Council measures of June 2012’).

36On 26 June 2012, the Council published in the Official Journal of the European Union a Notice for the attention of the persons, groups and entities on the list provided for in Article 2(3) of Regulation No 2580/2001 (OJ 2012 C 186, p. 1).

37By document lodged at the Court Registry on 28 June 2012, the applicant, at the Court’s invitation, lodged its observations in response to the Council’s and the Commission’s observations of 3 April 2012.

38By letter lodged at the Court Registry on 10 July 2012, the applicant amended the form of order sought to include the Council measures of June 2012.

39By documents lodged at the Court Registry on 20 and 23 July 2012, the Commission and the Council, at the Court’s invitation, lodged their observations on the amendment of the form of order sought to include the Council measures of June 2012.

40By documents lodged at the Court Registry on 5 and 6 September 2012, the Commission and the Council, at the Court’s invitation, replied to the applicant’s observations of 28 June 2012.

41On 10 December 2012, the Council adopted Decision 2012/765/CFSP updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931 and repealing Decision 2012/333 (OJ 2012 L 337, p. 50), whereby it maintained the applicant on the list, and Implementing Regulation (EU) No 1169/2012 implementing Article 2(3) of Regulation No 2580/2001 and repealing Implementing Regulation No 542/2012 (OJ 2012 L 337, p. 2) (together ‘the Council measures of December 2012’).

42On 11 December 2012, the Council published in the Official Journal of the European Union a Notice for the attention of the persons, groups and entities on the list provided for in Article 2(3) of Regulation No 2580/2001 (OJ 2012 C 380, p. 6).

43By letter lodged at the Court Registry on 11 February 2013, the applicant amended the form of order sought to include the Council measures of December 2012.

44By documents lodged at the Court Registry on 11 and 13 March 2013, the Commission and the Council, at the Court’s invitation, lodged their observations on the amendment of the form of order sought to include the Council measures of December 2012.

45On 25 July 2013, the Council adopted Decision 2013/395/CFSP updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931 and repealing Decision 2012/765 (OJ 2013 L 201, p. 57), whereby it maintained the applicant on the list, and Implementing Regulation (EU) No 714/2013 implementing Article 2(3) of Regulation No 2580/2001 and repealing Implementing Regulation No 1169/2012 (OJ 2013 L 201, p. 10) (together ‘the Council measures of July 2013’).

46By letter of 24 September 2013, the applicant amended the form of order sought to include the Council measures of July 2013.

47By letter of 4 October 2013, the Court invited the Council — which complied with that request by document of 28 October 2013 — to produce certain documents, and put certain questions to the parties with a view to the hearing.

48By documents lodged at the Court Registry on 28 and 30 October 2013, the Council and the Commission, at the Court’s invitation, lodged their observations on the amendment of the form of order sought to include the Council measures of July 2013.

49On 10 February 2014, the Council adopted Decision 2014/72/CFSP updating and amending the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931 and repealing Decision 2013/395 (OJ 2014 L 40, p. 56), whereby it maintained the applicant on the list, and Implementing Regulation (EU) No 125/2014 implementing Article 2(3) of Regulation No 2580/2001 and repealing Implementing Regulation No 714/2013 (OJ 2014 L 40, p. 9) (together ‘the Council measures of February 2014’).

50On 28 February 2014, the applicant amended the form of order sought to include the Council measures of February 2014.

51By documents lodged at the Court Registry on 4 and 5 March 2014, the Commission and the Council, at the Court’s invitation, lodged their observations on the amendment of the form of order sought to include the Council measures of February 2014.

52On 22 July 2014, the Council adopted Decision 2014/483/CFSP updating and amending the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931 and repealing Decision 2014/72 (OJ 2014 L 217, p. 35), whereby it maintained the applicant on the list, and Implementing Regulation (EU) No 790/2014 implementing Article 2(3) of Regulation No 2580/2001 and repealing Implementing Regulation No 125/2014 (OJ 2014 L 217, p. 1) (together ‘the Council measures of July 2014’; the Council measures of July 2010, January, July and December 2011, June and December 2012, July 2013 and February and July 2014 being hereinafter referred to together as ‘the Council measures of July 2010 to July 2014’).

53On 21 September 2014, the applicant amended the form of order sought to include the Council measures of July 2014.

54By documents lodged at the Court Registry on 23 October and 4 November 2014, the Council and the Commission, at the Court’s invitation, lodged their observations on the amendment of the form of order sought to include the Council measures of July 2014.

Forms of order sought

It is apparent from the foregoing facts that, by the present action, the applicant claims that the Court should:

—annul, in so far as they concern the applicant, the notice of July 2010 and the Council measures of July 2010 to July 2014 (together ‘the contested measures’);

—order the Council to pay the costs.

The Council, supported by the Commission, contends that the Court should:

—dismiss the action;

—order the applicant to pay the costs.

Law

Preliminary considerations on the object of the action and also on the scope and admissibility of the applicant’s observations of 28 June 2012

The object of the action

As is apparent from the description of the facts, the Council measures of July 2010 were repealed and replaced, successively, by the Council measures of January, July and December 2011, June and December 2012, July 2013 and February and July 2014.

The applicant successively amended the initial form of order sought in such a way that its action seeks annulment of those various measures, in so far as they concern the applicant. In addition, it expressly maintained its claims for annulment of the repealed measures.

In accordance with a consistent line of decisions relating to successive fund-freezing measures adopted under Regulation No 2580/2001, an applicant still has an interest in obtaining annulment of a decision imposing restrictive measures which has been repealed and replaced by a subsequent restrictive decision, in so far as the repeal of an act of an institution does not constitute recognition of the unlawfulness of that act and has only prospective effect, unlike a judgment annulling an act, by which the annulled act is eliminated retroactively from the legal order and is deemed never to have existed (judgment of 12 December 2006 in Organisation des Modjahedines du peuple d’Iran v Council, T‑228/02, ‘OMPI T‑228/02’, ECR, EU:T:2006:384, paragraph 35; see also judgments of 23 October 2008 in People’s Mojahedin Organization of Iran v Council, T‑256/07, ‘PMOI T‑256/07’, ECR, EU:T:2008:461, paragraphs 45 to 48 and the case-law cited, and 30 September 2009 in Sison v Council, T‑341/07 ‘Sison T‑341/07’, ECR, EU:T:2009:372, paragraphs 47 and 48).

60It follows that the present action for annulment retains its object with respect to the contested measures preceding the Council measures of July 2014.

The scope and admissibility of the applicant’s observations of 28 June 2012

61On 28 June 2012, the applicant, in response to an invitation by the Court, lodged its observations on the Council’s and the Commission’s observations of 3 April 2012 on the supplementary pleading.

62As the applicant had entitled its observations ‘Reply’, the Council, in its observations of 6 September 2012, raised the objection that the applicant could not be authorised to lodge a reply covering the entire case as initially brought by the lodging of the application.

63The Council took the view that the exchanges of pleadings relating to the substance of the case ought to have come to an end when the applicant lodged the supplementary pleading and the Council lodged its observations on that pleading.

64It should be observed that the applicant’s observations of 28 June 2012, lodged at the Court’s invitation, cannot indeed constitute a reply, within the meaning of Article 47(1) of the Rules of Procedure of the Court, in the present case.

65As stated at paragraphs 20 to 22 above, the applicant did not in the present case lodge a reply within the prescribed period and the application for an extension of the time limit for lodging a reply, which the Court inferred from the applicant’s letter of 27 July 2011, was rejected.

66The fact none the less remains that, although the observations of 28 June 2012 cannot be taken into consideration in the present action in so far as they seek annulment of the Council measures of July 2010 and January 2011 (see, in the latter regard, paragraph 28 above), they are admissible in the context of the application for annulment of the Council measures of July 2011 (introduced by the lodging of the supplementary pleading), in so far as they respond to the Council’s observations on the new pleas in the supplementary pleading directed against the measures of July 2011, and also in the context of the applications for annulment of the Council’s subsequent measures.

67Furthermore, it is precisely because the Court considered it necessary to allow the applicant to respond, in that context, to the Council’s observations of 3 April 2012 on the supplementary pleading that it invited the applicant to submit observations.

68Last, it follows from the actual wording of those observations of 28 June 2012 (see paragraph 1 of those observations) that they seek only to respond to the Council’s observations of 3 April 2012 on the supplementary pleading.

69In the light of that explanation of the scope of the observations of 28 June 2012, the Council’s objections to the admissibility of those observations must be rejected.

Admissibility of the action in that it seeks the annulment of the notice of July 2010

70The Council, supported by the Commission, raises the objection that, as regards the notice of July 2010, the action is inadmissible, as that notice is not an act that can be challenged.

71In accordance with the first paragraph of Article 263 TFEU, acts against which an action may be brought are acts ‘intended to produce legal effects vis-à-vis third parties’.

72According to consistent case-law, although, in order to determine whether contested measures constitute acts for the purposes of Article 263 TFEU, it is necessary to look at their substance, only measures the legal effects of which are binding on, and capable of affecting the interests of, the applicant by bringing about a distinct change in its legal position are acts or decisions which may be the subject of an action for annulment (see order of 14 May 2012 in Organisation des Modjahedines du peuple d’Iran v Council, C‑477/11 P, EU:C:2012:292, paragraphs 50 and 51 and the case-law cited).

73In the present case, the applicant was maintained on the European Union list relating to frozen funds (‘the list relating to frozen funds’) by the Council measures of July 2010.

74The sole purpose of the notice of July 2010, published in the Official Journal of the European Union on the day following the adoption of those measures, was to attempt to inform the persons, groups and entities whose funds remained frozen pursuant to those measures of the possibilities provided to them to ask the competent national authorities to authorise the use of the frozen funds for certain needs, to ask the Council to state the reasons why they continued to be on the list relating to frozen funds, to ask the Council to review its decision to maintain them on that list and, last, to bring an action before the Courts of the European Union.

75In doing so, the notice of July 2010 did not produce legal effects which were binding on, and capable of affecting the interests of, the applicant by bringing about a distinct change in its legal position.

76As that notice is therefore not an act that can be challenged, the present action must be dismissed as inadmissible in so far as its seeks annulment of that notice.

The application for annulment of the Council measures of July 2010 to July 2014

77In support of its application for annulment of the Council measures of July 2010 and January 2011, the applicant puts forward, in the application, four pleas in law, alleging, in essence, first, breach of its rights of defence; second, a manifest error of assessment; third, breach of the right to property; and, fourth, breach of the obligation to state reasons.

78In support of its application for annulment of the Council measures of July and December 2011, June and December 2012, July 2013 and February and July 2014 (together ‘the Council measures of July 2011 to July 2014’), the applicant puts forward, in the supplementary pleading and its subsequent amendments of the form of order sought, eight pleas for annulment, alleging, first, infringement of Article 1(4) of Common Position 2001/931; second, errors as to the accuracy of the facts; third, an error of assessment as to the terrorist nature of the applicant; fourth, failure to take sufficient account of the development of the situation ‘owing to the passage of time’; fifth, breach of the principle of non-interference; sixth, breach of the obligation to state reasons; seventh, breach of its rights of defence and of the right to effective judicial protection; and, eighth, breach of the right to property.

79It is appropriate to begin by examining the fourth and sixth pleas for annulment of the Council measures of July 2011 to July 2014, taken together, alleging failure to take sufficient account of the development of the situation ‘owing to the passage of time’ and breach of the obligation to state reasons.

80The applicant submits that the freezing of funds must be based on actual and specific reasons which show that that measure is still necessary. The Council is required to pay particularly close attention to the consequences of procedures undertaken at national level; yet in the present case the Council merely cited a series of facts and asserted that the national decisions were still in force. It is not apparent from the reasoning on which the Council measures of July 2011 to July 2014 are based that the Council did in fact concern itself with the national consequences of the measures taken against the applicant. The applicant therefore takes issue with the Council for having taken insufficient account of the development of the situation ‘owing to the passage of time’.

81In the applicant’s submission, the Council ought to have included in the reasoning on which its measures were based the material showing the existence of serious evidence and indicia on the basis of the national decisions. However, the statements of reasons sent to the applicant contain no information on that matter. The statements of the reasons for the Council measures of July 2011 to July 2014 could not be limited to mentioning the existence of the national decisions, but ought, in addition, to have set out the relevant information which the Council inferred from those decisions in order to substantiate its own decision. However, the Council gave no indication of the facts established against the applicant in those national decisions.

82The Council denies having failed to take sufficient account of the development of the situation ‘owing to the passage of time’. Since the applicant was first included on the list relating to frozen funds in 2003, it has been maintained on the list following the periodic reviews carried out by the Council on the basis of the measures adopted by the United States and United Kingdom authorities.

83The Council maintains that the statements of reasons, read with the Council measures of July 2011 to July 2014, present convincing reasons that satisfy the obligation to state reasons.

84In the first place, it should be borne in mind that, after adopting, on the basis of decisions of competent national authorities, a decision to include a person or a group on the list relating to frozen funds, the Council must satisfy itself at regular intervals, at least once every six months, that there are still grounds for maintaining that person or group on the list.

85Although verification that there is a decision of a national authority meeting the definition in Article 1(4) of Common Position 2001/931 is an essential precondition for the adoption, by the Council, of an initial decision to freeze funds, the verification of the consequences of that decision at national level is imperative in the context of the adoption of a subsequent decision to freeze funds (OMPI T‑228/02, paragraph 59 above, EU:T:2006:384, paragraph 117, and judgment of 11 July 2007 in Sison v Council, T‑47/03, EU:T:2007:207, paragraph 164). The essential question when reviewing whether to continue to include a person on the list is whether, since that person was included on the list or since the last review, the factual situation has changed in such a way that it is no longer possible to draw the same conclusion in relation to the involvement of that person in terrorist activities (judgment of 15 November 2012 in Al-Aqsa v Council and Netherlands v Al-Aqsa, C‑539/10 P and C‑550/10 P, ECR, EU:C:2012:711, paragraph 82).

86In the second place, it should be borne in mind that, according to consistent case-law, the statement of reasons required by Article 296 TFEU, which must be appropriate to the nature of the act at issue and the context in which it was adopted, must disclose in a clear and unequivocal fashion the reasoning followed by the institution which adopted the measure in question in such a way as to enable the persons concerned to ascertain the reasons for the measure and to enable the competent court to exercise its power of review. The requirements to be satisfied by the statement of reasons must be assessed by reference to the circumstances of each case, in particular the content of the measure in question, the nature of the reasons given and the interest which the addressees of the measure, or other parties to whom it is of direct and individual concern, may have in obtaining explanations (see OMPI T‑228/02, paragraph 59 above, EU:T:2006:384, paragraph 141 and the case-law cited).

87In the context of the adoption of a decision to freeze funds under Regulation No 2580/2001, the grounds for that decision must be assessed primarily in the light of the legal conditions of application of that regulation to a given scenario, as laid down in Article 2(3) thereof and, by reference, in Article 1(4) or Article 1(6) of Common Position 2001/931, depending on whether it is an initial decision or a subsequent decision to freeze funds (OMPI T‑228/02, paragraph 59 above, EU:T:2006:384, paragraph 142).

88In that regard, the Court cannot accept that the statement of reasons may consist merely of a general, stereotypical formulation, modelled on the drafting of Article 2(3) of Regulation No 2580/2001 and Article 1(4) or (6) of Common Position 2001/931. In accordance with the principles referred to above, the Council is required to state the matters of fact and of law which constitute the legal basis of its decision and the considerations which led it to adopt that decision. The grounds for such a measure must therefore indicate the actual and specific reasons why the Council considers that the relevant rules are applicable to the party concerned (see OMPI T‑228/02, paragraph 59 above, EU:T:2006:384, paragraph 143 and the case-law cited).

89Accordingly, both the statement of reasons for an initial decision to freeze funds and the statement of reasons for subsequent decisions must refer not only to the legal conditions of application of Regulation No 372/2001, in particular the existence of a national decision taken by a competent authority, but also to the actual and specific reasons why the Council considers, in the exercise of its discretion, that the person or entity concerned must be made the subject of a measure freezing funds (Sison T‑341/07, paragraph 59 above, EU:T:2009:372, paragraph 60).

90In the third place, with regard to the review exercised by the Court, the latter has recognised that the Council has broad discretion as to what matters to take into consideration for the purpose of adopting economic and financial sanctions on the basis of Articles 75 TFEU, 215 TFEU and 352 TFEU, consistent with a common position adopted on the basis of the common foreign and security policy. That discretion concerns, in particular, the considerations of appropriateness on which such decisions are based (see Sison