Judgment of the General Court (Seventh Chamber) of 3 July 2014 — Sharif University of Technology v Council

(Case T‑181/13)

‛Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Action for annulment — Period allowed for commencing proceedings — Admissibility — Obligation to state reasons — Error of assessment’

1. Actions for annulment — Time-limits — Point from which time starts to run — Measure entailing restrictive measures against a person or body — Measure published and notified to the addressees — Date of notification of the measure — Notification to the person concerned by means of a publication in the Official Journal of the European Union — Lawfulness — Conditions — Council not able to effect notification (Art. 263, sixth para., TFEU; Rules of Procedure of the General Court, Art. 102(1); Council Decision 2010/413/CFSP, Art. 24(3); Council Regulation No 267/2012, Art. 46(3)) (see paras 29-31)

2. 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 — Decision falling within a context known to the person concerned, enabling him to understand the scope of the measure taken in his regard — Whether a 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;