Judgment — ECLI:EU:C:2016:208
Date: 2016-04-07
Language of the case: English
Court formation: Second Chamber
Subject matter: External relations;Common foreign and security policy
Procedure: Action for annulment;Appeal - unfounded

Summary — Judgment of the Court (Second Chamber), 7 April 2016 1. Common foreign and security policy — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Obligation to provide a statement of reasons — Decision adopted in a context known to the person concerned and enabling him to understand the measure concerning him — Sufficient statement of reasons (Art. 296 TFEU; Council Decision 2012/635/CFSP; Council Regulation No 945/2012) 2. Common foreign and security policy — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Rights of the defence — Notification of incriminating evidence — Subsequent decision maintaining the name of the applicant on the list of persons subject to those measures — Communication beforehand of new reasoning arising from a context known to the person concerned — No explicit statement of reasons in relation to that new reasoning — Infringement of the right to be heard — None (Council Decision 2012/635/CFSP; Council Regulation No 945/2012) 3. Common foreign and security policy — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Support for Iran’s nuclear activities posing a risk of proliferation — Meaning — Material, logistical or financial support — Financial services of a central bank — Included (Council Decisions 2010/413/CFSP and 2012/635/CFSP; Council Regulation No 267/2012) 4. Common foreign and security policy — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Interference with the right to property and reputation — Infringement of the principle of proportionality — None (Council Decision 2012/635/CFSP; Council Regulation No 267/2012) 1. See the text of the decision. (see paras 24-26) 2. See the text of the decision. (see paras 32-38) 3. The criterion of ‘support to the Government of Iran’ set out in Article 20(1)(c) of Decision 2010/413 concerning restrictive measures against Iran and repealing Common Position 2007/140, as amended by Decision 2012/635, and Article 23(2)(d) of Regulation No 267/2012 concerning restrictive measures against Iran and repealing Regulation No 961/2010 relates to support which may be material, logistical or financial. The purpose behind the addition of that criterion was to target the relevant person or entity’s own activities which, even if they have no actual direct or indirect connection with nuclear proliferation, are nonetheless capable of encouraging it by providing the Government of Iran with resources or facilities of a material, financial or logistical nature which allow it to pursue proliferation activities. Thus, Central Bank of Iran provides material, logistical and financial support to that State and, as a result, support to the Government of Iran allowing it to pursue such proliferation when it provides that Government with financial services such as the holding of accounts, the performance and conclusion of financial transactions or the purchase and sale of bonds. (see paras 43-45) 4. See the text of the decision. (see para. 53)