# C_2013225EN.01007902.xml

| 3.8.2013 | EN | Official Journal of the European Union | C 225/79 |
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3.8.2013

EN

Official Journal of the European Union

C 225/79

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Order of the General Court of 17 June 2013 — Divandari v Council

(Case T-70/12) (1)

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(Common foreign and security policy - Restrictive measures against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Plea of inadmissibility - Lis pendens - Plea of illegality - Removal of the persons concerned from the list - No need to adjudicate)

2013/C 225/176

Language of the case: English

Parties

Parties

Applicant: Ali Divandari (Tehran, Iran) (represented by: S. Zaiwalla, P. Reddy and F. Zaiwalla, Solicitors, M. Brindle QC, and R. Blakeley, Barrister)

Applicant:

Defendant: Council of the European Union (represented by: M. Bishop and I. Rodios, acting as Agents)

Defendant:

Re:

Re:

Application for (i) annulment of Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2011 L 319, p. 71), Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran (OJ 2011 L 319, p. 11), and Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation No 961/2010 (OJ 2012 L 88, p. 1), in so far as those measures concern the applicant, and (ii) a declaration that Article 20(1)(b) of Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ 2010 L 195, p. 39) and Article 16(2) of Council Regulation No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007 (OJ 2010 L 281, p. 1) are not to apply to the applicant.

Operative part of the order

Operative part of the order

| 1. | The action is dismissed as being inadmissible in so far as it seeks a declaration that Article 20(1)(b) of Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP and Article 16(2) of Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007 are not to apply to the applicant. |
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1.

The action is dismissed as being inadmissible in so far as it seeks a declaration that Article 20(1)(b) of Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP and Article 16(2) of Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007 are not to apply to the applicant.

| 2. | The remainder of the plea of inadmissibility is rejected. |
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2.

The remainder of the plea of inadmissibility is rejected.

| 3. | There is no need to adjudicate on the action in so far as it seeks the annulment of Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413, Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation No 961/2010, and Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation No 961/2010, in so far as those measures concern the applicant. |
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3.

There is no need to adjudicate on the action in so far as it seeks the annulment of Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413, Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation No 961/2010, and Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation No 961/2010, in so far as those measures concern the applicant.

| 4. | The Council shall bear, in addition to its own costs, the applicant’s costs relating to the application for annulment of Decision 2011/783, Implementing Regulation No 1245/2011 and Regulation No 267/2012. |
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4.

The Council shall bear, in addition to its own costs, the applicant’s costs relating to the application for annulment of Decision 2011/783, Implementing Regulation No 1245/2011 and Regulation No 267/2012.

| 5. | The applicant shall bear his own costs relating to (i) the application for a declaration of inapplicability regarding Article 20(1)(b) of Decision 2010/413 and Article 16(2) of Regulation No 961/2010 and (ii) the objection of inadmissibility. |
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5.

The applicant shall bear his own costs relating to (i) the application for a declaration of inapplicability regarding Article 20(1)(b) of Decision 2010/413 and Article 16(2) of Regulation No 961/2010 and (ii) the objection of inadmissibility.

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(1)  OJ C 109, 14.4.2012.

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