Judgment — ECLI:EU:T:2014:607
Date: 2014-07-03
Language of the case: English
Court formation: Seventh Chamber
Subject matter: External relations;Common foreign and security policy
Procedure: Action for annulment - unfounded;Action for annulment - successful

summary statement of reasons is sufficient (Art. 296 TFEU; Council Decision 2012/829/CFSP; Council Regulation No 1264/2012) (see paras 43-46, 50) 3. European Union — Judicial review of the legality of the acts of the institutions — Restrictive measures against Iran — Measures in the context of the fight against nuclear proliferation — Ambit of the review (Arts 263 TFEU and 296 TFEU; Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2012/829/CFSP; Council Regulation No 1264/2012) (see paras 57, 58) 4. Common foreign and security policy — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — No conduct amounting to support for such proliferation (Council Decision 2012/829/CFSP; Council Regulation No 1264/2012) (see paras 59, 62, 69, 70, 72, 73, op. part 1, 2) 5. EU law — Principles — Rights of defence — Right to effective judicial protection — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Obligation to communicate new inculpatory evidence — Scope (Council Decision 2012/829/CFSP; Council Regulation No 1264/2012) (see paras 60, 61) 6. Acts of the institutions — Statement of reasons — Obligation — Scope — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Obligation to communicate the reasoning to the person concerned at the same time as the measure adversely affecting him or immediately thereafter — Limits — Safety of the Union and the Member States or conduct of their international relations — Scope (Art. 296 TFEU; Council Decision 2012/829/CFSP; Council Regulation No 1264/2012) (see paras 64-69) 7. Actions for annulment — Judgment annulling a measure — Effects — Partial annulment of a regulation and a decision on the adoption of restrictive measures against Iran — Maintenance of the effects of those measures during a period of two months from the date of delivery of the judgment (Arts 264, second para., TFEU and 266 TFEU; Council Decision 2012/829/CFSP; Council Regulation No 1264/2012) (see paras 77-83, op. part 3) Re: APPLICATION for annulment of (i) Council Decision 2012/829/CFSP of 21 December 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2012 L 356, p. 71), in so far as it listed the applicant in Annex II to 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 (ii) Council Implementing Regulation (EU) No 1264/2012 of 21 December 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2012 L 356, p. 55), in so far as it listed the applicant in Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (OJ 2012 L 88, p. 1). Operative part The Court: 1. Annuls Council Decision 2012/829/CFSP of 21 December 2012, amending Decision 2010/413/CFSP concerning restrictive measures against Iran, in so far as it listed Sharif University of Technology in Annex II to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP; 2. Annuls Council Implementing Regulation (EU) No 1264/2012 of 21 December 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran, in so far as it listed Sharif University of Technology in Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010; 3. Orders the effects of Decision 2012/829 and Implementing Regulation No 1264/2012 to be maintained, as regards Sharif University of Technology, for a period of two months from the date of delivery of this judgment; 4. Orders the Council of the European Union to bear its own costs and to pay the costs of Sharif University of Technology.