Joined Cases T‑423/13 and T‑64/14

Good Luck Shipping LLC

v

Council of the European Union

‛Common foreign and security policy — Restrictive measures against certain persons and entities with the aim of preventing nuclear proliferation in Iran — Freezing of funds — Error of law — Legal basis — Error of assessment — No evidence’

Summary — Judgment of the General Court (Second Chamber), 24 May 2016

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 (Charter of Fundamental Rights of the European Union, Arts 41(2), and 47; Council Decisions 2010/413/CFSP and 2013/270/CFSP; Council Regulations No 267/2012 and No 522/2013)

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 — Exclusion of matters brought to the knowledge of the institution after the adoption of the contested decision (Council Decisions 2010/413/CFSP and 2013/270/CFSP; Council Regulations No 267/2012 and No 522/2013)

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 defence — Notification of inculpatory evidence — Subsequent decision maintaining the name of the applicant on the list of persons covered by those measures (Council Decisions 2010/413/CFSP and 2013/270/CFSP; Council Regulations No 267/2012 and No 522/2013)

EU law — Principles — Rights of defence — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Right of access to documents — Right subject to request for access being made to the Council (Council Decisions 2010/413/CFSP and 2013/270/CFSP; Council Regulations No 267/2012 and No 522/2013)

Actions for annulment — Judgment annulling a measure — Scope — Absolute authority of res judicata — Consequences of an annulling judgment having the force of res judicata — Plea a matter of public policy capable of being raised by the EU judicature of its own motion (Art. 264 TFEU)

Common foreign and security policy — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Acts instituting restrictive measures to be applied to entities owned or controlled by an entity covered by the freezing of funds — Annulment of the restrictive measures covering that latter entity — Consequences — Invalidity of the restrictive measures covering the entities owned or controlled (Council Decision 2010/413/CFSP and 2013/270/CFSP; Council Regulations No 267/2012 and No 522/2013)

Common foreign and security policy — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Acts instituting restrictive measures to be applied to entities owned or controlled by an entity covered by the freezing of funds — Annulment, for non-compliance with the general listing criteria, of the restrictive measures covering that latter entity — Consequences — Invalidity of the restrictive measures covering the entities owned or controlled — Modification of the general listing criteria — Irrelevant (Council Decisions 2010/413/CSFP and 2013/661/CFSP; Council Regulations No 267/2012 and No 1154/2013)