Keywords

Subject of the case

Operative part



Keywords

Common foreign and security policy — Restrictive measures against Iran — Decision to freeze funds — Judicial review of the legality — Scope — Articles 19(1)(b), and 20(1)(b) of Decision 2010/413 — Exclusion (Art. 275 TFEU; Council Decision 2010/413/CFSP, Arts 19(1)(b), and 20(1)(b)) (see paras 38-40, 47-49)

2. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Council Regulations adopted in the context of the Common Foreign and Security Policy and providing for restrictive measures against Iran — Acts not including implementing measures within the meaning of Article 263, fourth indent, TFEU — Person concerned not affected directly and individually — Inadmissibility (Arts 263, fourth para., TFEU and 275 TFEU; Council Regulation No 961/2010, Art. 16(2)) (see paras 41-43)

3. EU law — Fundamental rights — Scope ratione personae — Legal persons constituting government organisations or State bodies — Included (Charter of Fundamental Rights of the European Union) (see paras 58, 60-62)

4. Common foreign and security policy — Restrictive measures against Iran — Freezing of funds — Rights of defence — Disclosure of inculpatory evidence — Subsequent decision maintaining the name of the applicant on the list of persons covered by those measures — That decision based on new evidence not figuring in the initial decision — Infringement of the right to be heard (Charter of Fundamental Rights of the European Union, Art. 41(2)(a); Council Decision 2011/783/CFSP; Council Regulation No 1245/2011) (see paras 66-78)

Subject of the case

Re:

APPLICATION for annulment, first, 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), in so far as it maintained, after review, the listing of the applicant’s name 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), as amended by Council Decision 2010/644/CFSP of 25 October 2010 (OJ 2010 L 281, p. 81), and of 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), in so far as it maintained, after review, the listing of the applicant’s name in Annex VIII to Council Regulation (EU) 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), and, secondly, of Article 16(2) of Regulation No 961/2010 and of Article 19(1)(b) and Article 20(1)(b) of Decision 2010/413, in so far as those provisions concern the applicant.

Operative part

Operative part

The Court:

1. Dismisses the action as having been brought before a court that has no jurisdiction to hear it, in so far as it seeks annulment of Article 19(1)(b) and 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 as being inadmissible, in so far as it seeks annulment of 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;

2. Annuls Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413 concerning restrictive measures against Iran, and Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation No 961/2010 on restrictive measures against Iran, in so far as those measures maintained, after review, the name of Sina Bank in Annex II to Decision 2010/413, as amended by Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413, and in Annex VIII to Regulation No 961/2010, respectively;

3. Orders the Council of the European Union to bear four fifths of its own costs and to pay four fifths of the costs of Sina Bank;

4. Orders Sina Bank to bear one fifth of its own costs and to pay one fifth of the Council’s costs.