Judgment — ECLI:EU:T:2017:102
Date: 2017-02-17
Language of the case: English
Court formation: First Chamber
Subject matter: External relations;Common foreign and security policy
Procedure: Action for annulment - unfounded
Origin: Germany

summary of reasons underpinning that decision, 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 the question whether those reasons, or, at the very least, one of those reasons, deemed sufficient in itself to support that decision, is substantiated (judgment 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, paragraph 119). 111 It is the task of the competent EU authority to establish, in the event of challenge, that the reasons relied on against the person concerned are well founded, and not the task of that person to adduce evidence of the negative, namely that those reasons are not well founded. It is necessary that the information or evidence produced should support the reasons relied on against the person concerned. If that material is insufficient to allow a finding that a reason is well founded, the Courts of the European Union are to disregard that reason as a possible basis for the contested decision to list or maintain a listing (judgment 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, paragraphs 121 to 123). – IRISL 112 First, the applicants maintain that the Council was not entitled to rely on conduct dating from 2009 — namely the incidents relating to an infringement of Security Council Resolution 1747 (2007), on which the Council relied in order to include IRISL’s name in the measures annulled by the judgment of 16 September 2013, IRISL (T‑489/10, EU:T:2013:453) — for the purpose of re-listing it in 2013. In their submission, the General Court found in that judgment that those incidents did not relate to nuclear proliferation and had not led to the Security Council imposing sanctions on IRISL. 113 Secondly, the applicants submit that IRISL did not infringe any Security Council resolution, as is apparent from the statements made by witnesses which had been sent to the Council before Decision 2013/685 and Implementing Regulation No 1203/2013 were adopted. The Council had not explained why it had rejected that evidence. 114 Thirdly, the applicants ask the Court to disregard the Council’s letter of 27 November 2013 in which, they say, the Council adds new grounds for re-listing IRISL which do not appear in Decision 2013/685 or Implementing Regulation No 1203/2013. 115 They claim that, in any event, the contents of that letter are incorrect. First, according to the applicants, IRISL is not owned by the Government of Iran, as the witness statement of its managing director makes clear. Secondly, the fact that the Council ‘does not accept’ that IRISL has no knowledge of or responsibility for the cargoes which its vessels carry is in effect an assertion of the principle of strict liability that has no legal basis. The applicants state in that regard that, as carrier, IRISL is not responsible for the cargoes which its vessels carry, in accordance with international principles of shipping law. Lastly, IRISL recognises the risk that its vessels might be used to transport proscribed goods and has strict systems in place to avoid that happening, systems which go beyond ordinary practice in the shipping sector. 116 It must be borne in mind that, by Decision 2013/685 and Implementing Regulation No 1203/2013, the Council decided to re-list IRISL on the ground that it ‘[had] been involved in the shipment of arms-related materiel from Iran in violation of paragraph 5 of [Security Council] Resolution 1747 (2007)’ and that ‘three clear violations [had been] reported to the UN Security Council Iran Sanctions Committee in 2009’. 117 First of all, it should be noted that the statement of reasons for the re-listing of IRISL relies on the finding of actual infringements in Security Council Resolution 1747 (2007). Therefore, contrary to what the applicants maintain, that finding is necessarily based on facts which pre-date the adoption of the re-listing decision. The Council was therefore entitled to take into account the infringements of that Security Council resolution identified in 2009. It was also entitled to consider in 2013 that events which had taken place in 2009 were sufficiently recent. 118 The Council relied on the report of the Security Council’s Sanctions Committee for 2009 (‘the Sanctions Committee report’), which stated that it had received three reports of violations of paragraph 5 of Resolution 1747 (2007) which imposed on Iran an export ban on arms and related materiel. That report noted that the three violations reported involved IRISL, which had chartered the vessel transporting the materiel from Iran to another State. 119 The report contains details of those three incidents involving IRISL. In each case, the Sanctions Committee received information from a third country concerning the presence of suspicious cargo, originating in Iran and destined for another State, aboard a vessel chartered by IRISL. During an inspection of the vessel by the authorities of the State which had reported the facts, it was discovered that the cargo contained arms-related materiel. The State concerned indicated that it had unloaded, retained and stored the cargo. 120 It must be noted that the applicants have not raised any argument to challenge the facts reported in the Sanctions Committee report, namely that military material was seized on board vessels chartered by IRISL. They have not put forward any argument or evidence to show that IRISL was not involved in those three incidents. 121 They merely rely on a statement of the Managing Director and Chairman of the Board of Directors of IRISL and on a statement of the General Manager of the Food Bulk Department of IRISL, which they say show that IRISL did not violate the Security Council resolution. 122 According to the case-law, the activity of the Court of Justice and of the General Court is governed by the principle of the unfettered evaluation of evidence, and it is only the reliability of the evidence before the Court which is decisive when it comes to the assessment of its value. In addition, in order to assess the probative value of a document, regard should be had to the credibility of the account it contains and, in particular, to the person from whom the document originates, the circumstances in which it came into being, the person to whom it was addressed and whether, on its face, the document appears to be sound and reliable (see, to that effect, judgment of 27 September 2012, Shell Petroleum and Others v Commission, T‑343/06, EU:T:2012:478, paragraph 161 and the case-law cited). 123 Those two statements have, however, been made by individuals employed by IRISL since 1984 or 1985 who currently have a managerial role, and their evidence cannot therefore be described as being different and from independent of that of IRISL. Those statements were, moreover, made at the request of IRISL in connection with the present action, and are addressed to it. 124 It must therefore be held that those statements have little probative value. 125 Furthermore, as regards the content of those statements, suffice it to note that the statement of the General Manager of the Food Bulk Department of IRISL does not contain any information concerning the three incidents referred to in the Sanctions Committee report. 126 Moreover, in his statement, first, the Managing Director of IRISL asserts that, in its capacity as carrier, IRISL had no knowledge of the nature of the cargo transported in the three vessels involved in the incidents, and that it relied on the description of the cargo given by the shipper. Secondly, he states that there was no evidence that any proliferation-sensitive materiel was found on board those vessels. Thirdly, he notes that the United Nations did not consider there to have been a breach of any Security Council resolution. 127 Those assertions are the same as the arguments put forward by the applicants in the application. 128 It must be noted, however, that the argument that IRISL was unaware of the contents of cargoes transported by its vessels is ineffective. It is sufficient to note that, even if it were accepted that IRISL was not aware that arms or arms-related materiel was being transported in its vessels, the facts reported in the Sanctions Committee report nevertheless establish that, as charterer, it ‘has been involved in the shipment of arms-related materiel from Iran’. 129 In addition, contrary to what is maintained by the applicants, the criterion relating to non-compliance with Resolution 1747 does not require that the incidents justifying its application relate to nuclear proliferation. Nor does the application of that criterion require the person to whom that criterion relates to have had sanctions imposed on him by the Security Council. 130 As to the argument that the Council made a mistake in its letter of 27 November 2013 when it stated that IRISL was owned by the Government of Iran, it is ineffective in so far as that consideration is not among the reasons for IRISL’s re-listing. 131 Lastly, the applicants’ argument that the Council, in its letter of 27 November 2013, was not entitled to assert that there was a risk that IRISL vessels might be used to transport proscribed goods in violation of Security Council resolutions, when the applicants had demonstrated that that risk did not arise, is also ineffective. As the applicants themselves state, that assertion is not included in the statement of reasons for the re-listing decision, which relies on the finding of actual violations of Security Council Resolution 1747 (2007). The assertion is merely a response from the Council to the observations made by IRISL in its letter of 15 November 2013. The applicants cannot therefore claim that the Council disregarded those observations and the witness statements which they had sent to it. Furthermore, that argument contradicts the applicants’ assertion in the application that they recognise the existence of that risk and that IRISL took steps to avoid it. 132 Consequently, it must be held that the Council did not err in considering that IRISL had been involved in the shipment of arms-related materiel from Iran and that its re-listing was justified on the basis of the criterion relating to non-compliance with Resolution 1747. – The other applicants 133 As a preliminary point, the applicants submit that, since the re-listing of IRISL was unlawful, the re-listing of the other applicants because of their connection with IRISL is also unlawful. 134 It is sufficient to find in that regard that, since the Council did not make a mistake in re-listing IRISL, that argument must be rejected. 135 The applicants claim that the Council made a number of factual errors in relation to the reasons for its re-listing of each of the other applicants. 136 In the first place, Khazar Sea Shipping Lines, IRISL Europe and Valfajr Shipping Line were re-listed on the ground that they were owned by IRISL. 137 Suffice it to note that the applicants do not dispute that those three entities are owned by IRISL. 138 The Council thus correctly entered their names on the lists at issue on the basis of the criteria relating to entities linked to IRISL. 139 In the second place, Qeshm Marine Services & Engineering and Marine Information Technology Development were re-listed on the ground that they were controlled by IRISL. 140 The applicants challenge the reason given in relation to those two entities by merely stating that those entities have changed their names. 141 Suffice it to note that that argument is ineffective. The mere change of company name of those two entities does not affect ownership of their shares or the fact that they are subsidiaries of IRISL. 142 The Council thus correctly entered their names on the lists at issue on the basis of the criteria relating to entities linked to IRISL. 143 In the third place, Hafize Darya Shipping and Safiran Payam Darya Shipping were re-listed on the ground that they act on behalf of IRISL, given that they have taken over as beneficial owners a number of IRISL’s vessels. 144 The applicants submit that those two entities do not own any vessels and that the Council relied on generalised statements from non-independent sources which did not demonstrate that they were owners of any vessels. In addition, they state that the Council failed to explain what was meant by ‘beneficial ownership’ or to demonstrate how those two entities fell within that definition. 145 It must be pointed out that the Council stated, in its letters of 22 October 2013 to each of those two entities, that the fact that they had taken over as beneficial owners a number of IRISL’s vessels was confirmed by the reports of 12 June 2012 and 5 June 2013 by the United Nations Panel of Experts established pursuant to Security Council Resolution 1929 (2010). In its letters of 27 November 2013 to each of those two entities, the Council explained that the report of 12 June 2012 stated that, following Security Council Resolution 1803 (2008), IRISL had begun transferring vessels to Hafize Darya Shipping and Safiran Payam Darya Shipping which were related to it, and that IRISL and its related companies had carried out a large number of changes to the beneficial and registered ownership of their vessels from 2008 until the adoption of Resolution 1929 (2010). The Council added that the report of 5 June 2013 had stated that vessels whose beneficial owners were IRISL, Hafize Darya Shipping and Safiran Payam Darya Shipping had continuously changed names, flags and registered owners in the period from April 2012 to April 2013. 146 It should be noted that the reports of 12 June 2012 and 5 June 2013 are available on the website of the United Nations Organisation and that the applicants do not deny having been aware of them. 147 The report of 12 June 2012 describes the mechanism for transferring ownership of IRISL vessels to Hafize Darya Shipping and Safiran Payam Darya Shipping following the adoption of Security Council Resolution 1803 (2008), which mentioned IRISL for the first time. The report explains, in particular, that few vessels were directly registered in the name of Hafize Darya Shipping or Safiran Payam Darya Shipping, their vessels being registered in the names of numerous different companies that belonged to them. 148 It is clear from this that the Council used the term ‘beneficial owner’, as against ‘registered owner’, to designate an entity which, although not officially registered as the owner of a vessel, is the ‘beneficial owner’ by means of a company which it owns and which is the registered owner of the vessel. 149 Consequently, the applicants cannot claim that that term is not clear and that they were unable to understand how Hafize Darya Shipping and Safiran Payam Darya Shipping met that description. 150 It must also be noted that the applicants have not put forward any argument or adduced any evidence to challenge the facts presented in the reports of 12 June 2012 and 5 June 2013. They cannot claim that the reports of the United Nations Panel of Experts come from sources that are not independent. 151 The Council thus correctly entered the names of Hafize Darya Shipping and Safiran Payam Darya Shipping on the lists at issue on the basis of the criteria relating to entities linked to IRISL. 152 In the fourth place, Rahbaran Omid Darya Ship Management was re-listed on the grounds that it was acting on behalf of IRISL and providing essential services to it, since it operated and managed a number of IRISL vessels. Hoopad Darya Shipping Agency was re-listed on the ground that it was acting on behalf of IRISL, since it managed container terminal operations in Iran and provided fleet personnel services in Bandar Abbas on behalf of IRISL. 153 In the case of Rahbaran Omid Darya Ship Management, the applicants recognise that it provides certain services in relation to a number of vessels belonging to IRISL, but dispute that those services are ‘essential’. 154 In the case of Hoopad Darya Shipping Agency, the applicants admit that it provides container operations in relation to vessels belonging to IRISL and that it acts on IRISL’s behalf, but dispute the ‘essential’ nature of those services. 155 Suffice it to note that, as regards Rahbaran Omid Darya Ship Management and Hoopad Darya Shipping Agency, the applicants either do not dispute or they expressly recognise that those entities are acting on behalf of IRISL. 156 The fact that those entities act on behalf of IRISL is sufficient to justify their re-listing on the basis of the criteria relating to entities linked to IRISL. 157 Consequently, the arguments challenging the ‘essential’ nature of the services which those entities provided to IRISL are ineffective, particularly in the case of Hoopad Darya Shipping Agency, the grounds for whose re-listing do not include the provision of essential services. 158 As regards the applicants’ assertion that those two entities changed their names, the applicants do not explain how that information is relevant to challenging the grounds on which the Council relied in re-listing them. 159 The Council thus correctly entered the names of Rahbaran Omid Darya Ship Management and Hoopad Darya Shipping Agency on the lists at issue on the basis of the criteria relating to entities linked to IRISL. 160 In the fifth place, Irano Misr Shipping was re-listed on the ground that it provided essential services to IRISL, in its capacity as IRISL’s agent in Egypt. 161 In the applicants’ submission, Irano Misr Shipping acts as agent for IRISL and provides certain services to it, but they dispute that those services are ‘essential’. 162 Suffice it to note in that regard that, in its capacity as agent for IRISL in Egypt, Irano Misr Shipping carries out activities which are indispensable to the pursuit of IRISL’s transport activities in that country. The applicants cannot therefore deny that, in the context of its activities, it provides essential services to IRISL. 163 Furthermore, in reply to a written question from the General Court, the applicants stated that the services which Irano Misr Shipping provided to IRISL included, in particular, crew changes, berthing of vessels or the issuing of bills of lading, which are services that are essential to the activities of a shipping company. 164 The Council thus correctly entered the name of Irano Misr Shipping on the lists at issue on the basis of the criteria relating to entities linked to IRISL. 165 It follows from the foregoing that the second plea in law must be rejected. Third plea in law, alleging infringement of the rights of the defence 166 The applicants state that, in the present case, the Council informed them of its intention to re-list them and of the reasons on which it was relying, giving them a short period of time to make observations. However, they claim that the Council infringed their rights of defence. 167 First of all, the Council gave no indication of the material which it took into account until after the re-listing decision was adopted, so that it was too late for the applicants to make observations and for the Council to take them into account. Further, the Council gave no indication of the basis on which the applicants’ re-listing was justified in November 2013, and it neither took into account their observations nor explained why it was rejecting them. The applicants add that the fact that their observations do not appear in the documents which the Council examined to support its re-listing decision means that it did not take them into consideration. Lastly, since the Council did not state its reasons for re-listing IRISL until its letter of 27 November 2013, that is after the adoption of Decision 2013/685 and Implementing Regulation No 1203/2013, those reasons are irrelevant. The Council should have allowed IRISL to comment on the allegations set out in that letter and should have included those allegations as reasons for IRISL’s re-listing in Decision 2013/685 and Implementing Regulation No 1203/2013. 168 First of all, it may be recalled that, according to settled case-law, observance of the rights of the defence, especially the right to be heard, in all proceedings initiated against an entity which may lead to a measure adversely affecting that entity, is a fundamental principle of EU law which must be guaranteed, even when there are no rules governing the procedure in question (see judgment of 14 October 2009, Bank Melli Iran v Council, T‑390/08, EU:T:2009:401, paragraph 91 and the case-law cited). 169 The principle of respect for the rights of the defence requires that the entity concerned must be informed of the evidence adduced against it to justify the measure adversely affecting it. Moreover, it must be afforded the opportunity effectively to make known its view on that evidence (see judgment of 6 September 2013, Bank Melli Iran v Council, T‑35/10 and T‑7/11, EU:T:2013:397, paragraph 82 and the case-law cited). 170 Next, in the context of the adoption of a decision to maintain the name of a person or an entity on a list of persons or entities subject to restrictive measures, the Council must respect the right of that person or entity to be heard beforehand where that institution is including in that decision new evidence against that person or entity, namely evidence which was not included in the initial listing decision (judgment of 18 June 2015, Ipatau v Council, C‑535/14 P, EU:C:2015:407, paragraph 26). 171 Furthermore, it must be observed that, when sufficiently precise information has been communicated, enabling the entity concerned effectively to state its point of view on the evidence adduced against it by the Council, the principle of respect for the rights of the defence does not mean that the Council is obliged spontaneously to grant access to the documents in its file. It is only on the request of the party concerned that the Council is required to provide access to all non-confidential official documents concerning the measure at issue (see judgment of 6 September 2013, Bank Melli Iran v Council, T‑35/10 and T‑7/11, EU:T:2013:397, paragraph 84 and the case-law cited). 172 Lastly, as regards the principle of effective judicial protection, it must be borne in mind that that principle is a general principle of EU law to which expression is now given by Article 47 of the Charter of Fundamental Rights. That principle means that the EU authority which adopts an act imposing restrictive measures against a person or entity is bound to communicate to it the grounds on which the act is based, so far as possible, either when that measure is adopted or, at the very least, as swiftly as possible after it has been adopted in order to enable those persons or entities to exercise their right to bring an action (see, to that effect, judgment of 16 November 2011, Bank Melli Iran v Council, C‑548/09 P, EU:C:2011:735, paragraph 47 and case-law cited). 173 In the present case, it will be recalled that, by letters dated either 22 or 30 October 2013, the Council communicated to the applicants the reasons why it intended to re-list them and the facts on the basis of which, in its view, each of them satisfied the criteria referred to in Article 20(1)(b) of Decision 2010/413 and in Article 23(2)(b) and (e) of Regulation No 267/2012 (see paragraphs 13 and 14 above). 174 By those letters, contrary to the applicants’ submissions, the Council communicated to them the reasons and the legal basis for their re-listing before Decision 2013/685 and Implementing Regulation No 1203/2013 were adopted. In those letters, the Council also gave them a period of time to submit their observations. 175 In addition it must be noted, as do the applicants, that their re-listing was based on the same matters of fact as those that supported their original listing, that is, in the case of IRISL, the three incidents linked to the shipment of military material and, in the case of the other applicants, their connections with IRISL. 176 By letters dated either 15 or 19 November 2013 (see paragraphs 15 and 16 above), the applicants set out in detail their observations on the facts relied on by the Council. They were thus able effectively to state their point of view on the evidence adduced against them by the Council. 177 By letters of 27 November 2013, the Council replied specifically to the applicants’ observations and rejected the allegations they raised. The applicants are wrong, therefore, to claim that the Council did not take their observations into account or explain the reasons for its rejection of them. 178 The applicants are wrong also to maintain that, since their observations do not appear in the Council’s file, that means that the Council did not take them into consideration in adopting its re-listing decision. In addition to the material which the Council had at its disposal vis-à-vis the applicants to support its re-listing decisions and that was in its file, the Council sent the applicants, by letters of 27 November 2013, explanations as to why their observations did not call those decisions into question. 179 Contrary to the applicants’ submissions, moreover, the Council’s letters of 27 November 2013 do not contain new grounds in support of the re-listing decision that differ from those set out in the letters dated either 22 or 30 October 2013 which were communicated before the re-listing decision. The explanations given by the Council in response to the applicants’ observations cannot be treated like new grounds justifying their listing. 180 Lastly, it must be noted that, by letters of 27 November 2013, the Council disclosed to the applicants, in response to their request for access to the file, the documents on which it had relied in re-listing them (see paragraphs 21 and 22 above). In accordance with the case-law cited in paragraph 171 above, the Council was not required to disclose those documents to them spontaneously prior to the re-listing decision. 181 It follows from the foregoing that the Council did not infringe the applicants’ rights of defence and that the third plea in law must be rejected. Fourth plea in law, alleging breach of the principles of protection of legitimate expectations, legal certainty, res judicata, ne bis in idem and non-discrimination 182 The applicants submit that, following the judgment of 16 September 2013, IRISL (T‑489/10, EU:T:2013:453), they were entitled to expect that their names would not again be included on the lists at issue unless the Council put forward new allegations or evidence. By re-listing them, the Council breached the principles of protection of legitimate expectations, legal certainty, res judicata, ne bis in idem and non-discrimination. – Breach of the principle of res judicata 183 It should be noted that, according to settled case-law, annulment judgments given by the Courts of the European Union have the force of res judicata with absolute effect as soon as they become final. This applies not only to the operative part of the judgment annulling a decision, but also to the grounds which are its essential basis and are inseparable from it (see judgment of 5 September 2014, Éditions Odile Jacob v Commission, T‑471/11, EU:T:2014:739, paragraph 56 and the case-law cited). The judgment annulling the act therefore means that the author of the act annulled must adopt a new act having regard not only to the operative part of the judgment but also to the grounds which led to the judgment and constitute its essential basis, thereby ensuring that the new act is not affected by the same irregularities as those identified in the judgment annulling the original act (see, to that effect, judgment of 6 March 2003, Interporc v Commission, C‑41/00 P, EU:C:2003:125, paragraphs 29 and 30). 184 However, the principle of res judicata in respect of a judgment extends only to the matters of fact and law actually or necessarily settled (judgment of 19 February 1991, Italy v Commission, C‑281/89, EU:C:1991:59, paragraph 14). Thus, Article 266 TFEU requires the institution which adopted the act annulled only to take the necessary measures to comply with the judgment annulling its act. The author of the act may, however, rely in its new decision on grounds other than those on which it based its first decision (see, to that effect, judgment of 6 March 2003, Interporc v Commission, C‑41/00 P, EU:C:2003:125, paragraphs 28 to 32). 185 It must be noted that the judgment of 16 September 2013, IRISL (T‑489/10, EU:T:2013:453) did not call into question the accuracy of the actions of which IRISL was accused, namely the three incidents involving IRISL linked to the shipment of military material in violation of paragraph 5 of Security Council Resolutions 1747 (2007), or the evidence relating to those actions. The General Court found only that those actions (i) were not sufficient to justify the entry of IRISL’s name on the lists at issue on the basis of the criterion relating to persons who have assisted someone in violating the provisions of the relevant Security Council resolution, and (ii) did not constitute support for nuclear proliferation for the purposes of the criterion relating to persons providing support for Iran’s nuclear activities. 186 The criterion on the basis of which IRISL’s name was re-listed by Decision 2013/685 and Implementing Regulation No 1203/2013 must be distinguished from those applied by the Council in the acts annulled by the judgment of 16 September 2013, IRISL (T‑489/10, EU:T:2013:453). Contrary to what is maintained by the applicants, in relying on a new, legally adopted, criterion justifying the imposition of restrictive measures against them, the Council did not therefore circumvent that judgment. 187 As regards the applicants’ argument that the Council was not entitled to rely on the same allegations and the same evidence as that relied on in support of their first listing, suffice it to note that, in the judgment of 16 September 2013, IRISL (T‑489/10, EU:T:2013:453), the General Court did not rule on the question whether those allegations and that evidence were capable of justifying IRISL’s listing on the basis of the new criterion introduced by Decision 2013/497 and Regulation No 971/2013. 188 Lastly, as regards the applicants other than IRISL, the General Court merely held, in paragraph 77 of that judgment, that the fact that they are owned or controlled by IRISL or that they act on its behalf did not justify the adoption or maintenance of restrictive measures to which they were subject, since IRISL had not itself been properly identified as providing support for nuclear proliferation. 189 Since it is apparent from the foregoing that it cannot be inferred from the judgment of 16 September 2013, IRISL (T‑489/10, EU:T:2013:453) that the Council was precluded from re-listing IRISL for a reason other than that which was considered in that judgment, the same applies with regard to the other applicants whose re-listing was linked to that of IRISL. 190 Consequently, the complaint alleging breach of the principle of res judicata must be rejected. – Breach of the principles of protection of legitimate expectations and legal certainty 191 It should be noted that the right to rely on the principle of protection of legitimate expectations extends to any person who has been caused by an EU institution to entertain expectations which are justified by precise assurances provided to him. However, if a prudent and alert economic operator could have foreseen the adoption of an EU measure likely to affect his interests, he cannot plead that principle if the measure is adopted (judgments of 22 June 2006, Belgium and Forum 187 v Commission, C‑182/03 and C‑217/03, EU:C:2006:416, paragraph 147; of 17 September 2009, Commission v Koninklijke FrieslandCampina, C‑519/07 P, EU:C:2009:556, paragraph 84; and of 16 December 2010, Kahla Thüringen Porzellan v Commission, C‑537/08 P, EU:C:2010:769, paragraph 63). 192 Furthermore, as regards the principle of legal certainty, it must be borne in mind that, according to settled case-law, that principle requires that EU legislation must be certain and its application foreseeable by those subject to it (judgments of 22 June 2006, Belgium and Forum 187 v Commission, C‑182/03 and C‑217/03, EU:C:2006:416, paragraph 69, and of 14 October 2010, Nuova Agricast and Cofra v Commission, C‑67/09 P, EU:C:2010:607, paragraph 77). 193 In the present case, it must be noted, as is evident from paragraph 189 above, that the Council was entitled to decide to re-list the applicants following the judgment of 16 September 2013, IRISL (T‑489/10, EU:T:2013:453). In paragraphs 81 to 83 of that judgment, the Court maintained the effects of the decision and regulation by which the applicants’ names had originally been entered on the lists at issue until the date of expiry of the period for bringing an appeal, in order to enable the Council to remedy the infringements established by adopting, if appropriate, new restrictive measures with respect to the applicants. 194 The fact, emphasised by the applicants, that the Council did not appeal against the judgment of 16 September 2013, IRISL (T‑489/10, EU:T:2013:453) cannot have caused them to entertain a legitimate expectation that their names would not be included on the lists at issue again. The fact that no appeal was brought against that judgment could not in any way be interpreted as the Council declining to re-list the applicants, particularly as the Court expressly stated, in paragraph 64 of that judgment, that it was open to the Council, in its role as legislator, to extend the situations in which restrictive measures could be adopted. 195 It follows from this that the applicants were not entitled to regard the judgment of 16 September 2013, IRISL (T‑489/10, EU:T:2013:453) as a guarantee that they would not be re-listed on the basis of different criteria from those that underpinned their original listing. 196 Consequently, the complaint alleging breach of the principles of protection of legitimate expectations and legal certainty must be rejected. – Breach of the principle ne bis in idem 197 The principle ne bis in idem, which is a general principle of EU law, compliance with which is ensured by the Courts of the European Union and under which the same person cannot be sanctioned more than once for a single unlawful course of conduct designed to protect the same legal interest (see, to that effect, judgment of 7 January 2004, Aalborg Portland and Others v Commission, C‑204/00 P, C‑205/00 P, C‑211/00 P, C‑213/00 P, C‑217/00 P and C‑219/00 P, EU:C:2004:6, paragraph 338), is applicable in respect of sanctions for unlawful conduct (judgment of 27 September 2012, Italy v Commission, T‑257/10, not published, EU:T:2012:504, paragraph 41). 198 Suffice it to note that, in accordance with settled case-law, restrictive measures consisting of the freezing of funds are not of a criminal nature (see, to that effect, judgments of 11 July 2007, Sison v Council, T‑47/03, not published, EU:T:2007:207, paragraph 101, and of 7 December 2010, Fahas v Council, T‑49/07, EU:T:2010:499, paragraph 67). Since the assets of the persons concerned have not been confiscated as the proceeds of crime but rather frozen as a precautionary measure, those measures do not constitute criminal sanctions and do not, moreover, imply any accusation of a criminal nature (judgments of 11 July 2007, Sison v Council, T‑47/03, not published, EU:T:2007:207, paragraph 101, and of 9 December 2014, Peftiev v Council, T‑441/11, not published, EU:T:2014:1041, paragraph 87). 199 Accordingly, the applicants cannot rely on breach of that principle and the present complaint must be rejected. – Breach of the principle of non-discrimination 200 According to the case-law, the principle of equal treatment, which constitutes a fundamental principle of law, prohibits comparable situations from being treated differently or different situations from being treated in the same way, unless such difference in treatment is objectively justified (judgment of 14 October 2009, Bank Melli Iran v Council, T‑390/08, EU:T:2009:401, paragraph 56). 201 It is sufficient to note that the applicants have not put forward any argument to show that that principle was breached by the Council and, therefore, the present complaint must be rejected as inadmissible. 202 It follows from all of the foregoing that the fourth plea in law must be rejected. Fifth plea in law, alleging infringement of fundamental rights, notably the right to property and the right to respect for reputation, and breach of the principle of proportionality 203 The applicants claim that their re-listing violates, without justification or proportion, their fundamental rights, notably their right to property and to respect for their reputation. Their re-listing by means of Decision 2013/685 and Implementing Regulation No 1203/2013 implies that they support or have some connection with nuclear proliferation, contrary to what was held by the General Court in the judgment of 16 September 2013, IRISL (T‑489/10, EU:T:2013:453). The Council did not explain, in Decision 2013/685 or Implementing Regulation No 1203/2013, why the decision to re-list them was now justified by any legitimate aim or how it was proportionate to any aim. Decision 2013/685 and Implementing Regulation No 1203/2013 refer to incidents which took place in 2009 and that have no connection with the aim of stopping Iran’s nuclear programme, and do not mention any current reason that would justify the re-listing decision. 204 According to settled case-law, the fundamental rights invoked by the applicants, namely the right to property and the right to respect for reputation, do not enjoy absolute protection under EU law. Consequently, the exercise of those rights may be restricted, provided that those restrictions in fact correspond to objectives of public interest pursued by the European Union and do not constitute, in relation to the aim pursued, a disproportionate and intolerable interference, impairing the very substance of the rights so guaranteed (see, to that effect, judgments of 15 November 2012, Al-Aqsa v Council and Netherlands v Al-Aqsa, C‑539/10 P and C‑550/10 P, EU:C:2012:711, paragraph 121, and of 25 June 2015, Iranian Offshore Engineering & Construction v Council, T‑95/14, EU:T:2015:433, paragraph 59). 205 Moreover, according to settled case-law, the principle of proportionality is one of the general principles of EU law and requires that measures implemented through provisions of EU law be appropriate for attaining the legitimate objectives pursued by the legislation at issue and do not go beyond what is necessary to achieve them (judgments of 15 November 2012, Al-Aqsa v Council and Netherlands v Al-Aqsa, C‑539/10 P and C‑550/10 P, EU:C:2012:711, paragraph 122, and of 25 June 2015, Iranian Offshore Engineering & Construction v Council, T‑95/14, EU:T:2015:433, paragraph 60). 206 It is certainly the case that the applicants are restricted to a certain degree by the restrictive measures adopted against them, since they may not, inter alia, dispose of any funds that may be situated within the territory of the European Union or held by EU nationals, or transfer their funds to the European Union, except with special authorisation. Likewise, the measures imposed on the applicants may cause their partners and customers to regard them with a certain suspicion or mistrust. 207 However, it is apparent from paragraphs 65 to 77 above that the criteria applied by the Council accord with the aim of combating nuclear proliferation that underpins Decision 2010/413 and Regulation No 267/2012, and, from paragraphs 116 to 164 above, that the Council correctly re-listed the applicants on the basis of those criteria. Accordingly, the restrictions of the applicants’ rights which arise from that re-listing must be considered to be justified. 208 Moreover, the disadvantages caused to the applicants by their re-listing are not disproportionate to the aim of maintaining international peace and security that is pursued by Decision 2013/685 and Implementing Regulation No 1203/2013. 209 Lastly, it should be noted that the Council does not claim that the applicants are themselves involved in nuclear proliferation. Hence, since they are not personally associated with behaviour posing a risk to international peace and security, the degree of mistrust towards them is therefore lower. 210 It follows from this that the applicants’ re-listing does not disproportionately infringe their right to property or their right to respect for their reputation. 211 The fifth plea in law must therefore be rejected. 212 It follows from all of the foregoing that the action in Case T‑87/14 must be dismissed. Costs 213 Under Article 134(1) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party’s pleadings. 214 In accordance with Article 138(1) of those rules, the institutions which have intervened in the proceedings are to bear their own costs. 215 As the applicants have been unsuccessful, they must be ordered to bear their own costs and to pay those incurred by the Council, in accordance with the form of order sought by the Council. 216 The Commission shall bear its own costs. On those grounds, THE GENERAL COURT (First Chamber) hereby: 1. Dismisses the actions; 2. Orders Islamic Republic of Iran Shipping Lines and the other applicants whose names are listed in the Annex to bear their own costs and to pay those incurred by the Council of the European Union; 3. Orders the European Commission to bear its own costs. Kanninen Pelikánová Buttigieg Delivered in open court in Luxembourg on 17 February 2017. E. Coulon H. Kanninen Registrar President Table of contents Background to the dispute Procedure and forms of order sought Law 1. Case T‑14/14 Application for annulment in part of Decision 2013/497 Application for annulment in part of Regulation No 971/2013 2. Case T‑87/14 Plea of illegality First plea in law, alleging the lack of any legal basis – IRISL – The other applicants Second plea in law, alleging infringement of the applicants’ legitimate expectations and breach of the principles of legal certainty, ne bis in idem and res judicata Third plea in law, alleging misuse of powers Fourth plea in law, alleging infringement of the rights of the defence Fifth plea in law, alleging infringement of fundamental rights, notably the right to property and the right to respect for reputation Application for annulment of Decision 2013/685 and Implementing Regulation No 1203/2013, in so far as those acts concern the applicants First plea in law, alleging the lack of any legal basis Second plea in law, alleging manifest errors of assessment by the Council – IRISL – The other applicants Third plea in law, alleging infringement of the rights of the defence Fourth plea in law, alleging breach of the principles of protection of legitimate expectations, legal certainty, res judicata, ne bis in idem and non-discrimination – Breach of the principle of res judicata – Breach of the principles of protection of legitimate expectations and legal certainty – Breach of the principle ne bis in idem – Breach of the principle of non-discrimination Fifth plea in law, alleging infringement of fundamental rights, notably the right to property and the right to respect for reputation, and breach of the principle of proportionality Costs Annex Hafize Darya Shipping Co., established in Tehran (Iran), Khazar Sea Shipping Lines Co., established in Anzali Free Zone (Iran), IRISL Europe GmbH, established in Hamburg (Germany), Qeshm Marine Services & Engineering Co., established in Qeshm (Iran), Irano Misr Shipping Co., established in Tehran, Safiran Payam Darya Shipping Co., established in Tehran, Marine Information Technology Development Co., established in Tehran, Rahbaran Omid Darya Ship Management Co., established in Tehran, Hoopad Darya Shipping Agency, established in Tehran, Valfajr Shipping Co., established in Tehran. * Language of the case: English.