Judgment — ECLI:EU:T:2013:254
Date: 2013-05-16
Language of the case: German
Court formation: Fourth Chamber
Subject matter: External relations;Common foreign and security policy
Procedure: Action for annulment - successful

summary statement of reasons (Art. 296 TFEU; Council Decision 2010/413/CFSP, Art. 24(3)) (see paras 23, 25-27) 2. European Union — Common foreign and security policy — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Judicial review of legality — Scope — Decision based on information supplied by Member States and not communicable to the EU judicature — Not permissible (Art. 263 TFEU; Council Decisions 2010/413/CFSP and 2011/299/CFSP) (see paras 34, 40, 41, 50) 3. Actions for annulment — Contested act — Assessment of legality in the light of the information available at the time of adoption of the measure (Art. 263 TFEU) (see para. 48) 4. European Union — Common foreign and security policy — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Assessment of the legality by reference to the information available at the time of adoption of the decision (Council Decisions 2010/413/CFSP and 2011/299/CFSP) (see paras 48-53) 5. Actions for annulment — Judgment annulling a measure — Effects — Annulment of a fund-freezing decision not affecting a regulation applying an identical measure — Risk of legal certainty being seriously affected — Maintenance of the effects of the contested decision during a maximum period as from delivery (Art. 264, second para., TFEU) (see paras 54-56) 6. Judicial proceedings — Measures of organisation of procedure — Request for production of documents — Discretion of the General Court (Rules of Procedure of the General Court, Art. 64) (see para. 59) Re: APPLICATION for annulment of Council Decision 2011/299/CFSP of 23 May 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2011 L 136, p. 65), in so far as that decision concerns the applicant. Operative part The Court: 1. Annuls Council Decision 2011/299/CFSP of 23 May 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran, in so far as it concerns Iran Transfo; 2. Orders the effects of Decision 2011/299, in so far as it concerns Iran Transfo, to be maintained for a period which may not exceed two months and ten days from the date of delivery of this judgment; 3. Orders the Council of the European Union to bear its own costs and to pay the costs incurred by Iran Transfo; 4. Orders the European Commission to bear its own costs.