Judgment of the General Court (First Chamber) of 18 September 2014 — Central Bank of Iran v Council

(Case T‑262/12)

‛Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Action for annulment — Lis pendens — Obligation to state reasons — Rights of the defence’

1. Actions for annulment — Admissibility — Objection of lis pendens — Mandatory — Examination by the EU judicature of its own motion (Art. 263 TFEU) (see para. 38)

2. Judicial proceedings — Objection of lis pendens — Same parties, subject-matter and submissions in two actions — Inadmissibility of the second action (see para. 39)

3. Actions for annulment — Time-limits — Point from which time starts to run — Measure entailing restrictive measures against a person or body — Date of notification of the measure (Art. 263, sixth para., TFEU) (see paras 47, 48)

4. Fundamental rights — Scope ratione personae — Legal persons constituting emanations of non-member States — Included — Responsibility of the non-member State for compliance with fundamental rights in its own territory — Irrelevant (Charter of Fundamental Rights of the European Union) (see paras 67, 71, 72)

5. 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 — Minimum requirements (Art. 296 TFEU; Council Regulation No 267/2012, Arts 23(2)(b), and 46(3)) (see paras 76-81, 86, 91)

Re:

APPLICATION for, in essence, annulment of (i) Council Decision 2012/35/CFSP of 23 January 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2012 L 19, p. 22) and Council Decision 2012/635/CFSP of 15 October 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2012 L 282, p. 58), in so far as they listed or maintained the listing, after review, of the applicant in Annex II to Council Decision 2010/413/CFSP of26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ 2010 L 195, p. 39) and (ii) Council Regulation (EU) No 267/2012 of 23 March 2012 concerning the adoption of restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (OJ 2012 L 88, p. 1), and Council Implementing Regulation (EU) No 945/2012 of 15 October 2012 implementing Regulation No 267/2012 (OJ 2012 L 282, p. 16), in so far as they listed or maintained the listing, after review, of the applicant in Annex IX to Regulation No 267/2012.

Operative part

The Court:

1. Annuls 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), in so far as it listed Central Bank of Iran in Annex IX thereto;

2. Dismisses the action as to the remainder;

3. Orders the Council of the European Union to bear one half of its own costs and to pay one half of the costs of Central Bank of Iran;

4. Orders Central Bank of Iran to bear one half of its own costs and to pay one half of the costs of the Council.

Judgment of the General Court (First Chamber) of 18 September 2014 — Central Bank of Iran v Council

(Case T‑262/12)

‛Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Action for annulment — Lis pendens — Obligation to state reasons — Rights of the defence’

1. Actions for annulment — Admissibility — Objection of lis pendens — Mandatory — Examination by the EU judicature of its own motion (Art. 263 TFEU) (see para. 38)

2. Judicial proceedings — Objection of lis pendens — Same parties, subject-matter and submissions in two actions — Inadmissibility of the second action (see para. 39)

3. Actions for annulment — Time-limits — Point from which time starts to run — Measure entailing restrictive measures against a person or body — Date of notification of the measure (Art. 263, sixth para., TFEU) (see paras 47, 48)

4. Fundamental rights — Scope ratione personae — Legal persons constituting emanations of non-member States — Included — Responsibility of the non-member State for compliance with fundamental rights in its own territory — Irrelevant (Charter of Fundamental Rights of the European Union) (see paras 67, 71, 72)

5. 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 — Minimum requirements (Art. 296 TFEU; Council Regulation No 267/2012, Arts 23(2)(b), and 46(3)) (see paras 76-81, 86, 91)

Re:

APPLICATION for, in essence, annulment of (i) Council Decision 2012/35/CFSP of 23 January 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2012 L 19, p. 22) and Council Decision 2012/635/CFSP of 15 October 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2012 L 282, p. 58), in so far as they listed or maintained the listing, after review, of the applicant in Annex II to Council Decision 2010/413/CFSP of26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ 2010 L 195, p. 39) and (ii) Council Regulation (EU) No 267/2012 of 23 March 2012 concerning the adoption of restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (OJ 2012 L 88, p. 1), and Council Implementing Regulation (EU) No 945/2012 of 15 October 2012 implementing Regulation No 267/2012 (OJ 2012 L 282, p. 16), in so far as they listed or maintained the listing, after review, of the applicant in Annex IX to Regulation No 267/2012.

Operative part

The Court:

1. Annuls 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), in so far as it listed Central Bank of Iran in Annex IX thereto;

2. Dismisses the action as to the remainder;

3. Orders the Council of the European Union to bear one half of its own costs and to pay one half of the costs of Central Bank of Iran;