2

The background to the dispute was summarised by the General Court in the judgment under appeal as follows: ‘3 On 9 June 2010 the United Nations Security Council (“the Security Council”) adopted Resolution 1929 (2010) (“Resolution 1929”) which aimed to extend the scope of the restrictive measures imposed by Security Council Resolutions 1737 (2006), 1747 (2007) and 1803 (2008) and to introduce additional restrictive measures against the Islamic Republic of Iran. 4 On 17 June 2010, the European Council underlined its deepening concern about Iran’s nuclear programme and welcomed the adoption of Resolution 1929. Recalling its declaration of 11 December 2009, the European Council invited the Council of the European Union to adopt measures implementing those contained in Resolution 1929 as well as accompanying measures, with a view to supporting, through negotiation, the resolution of all outstanding concerns regarding the development by the Islamic Republic of Iran of sensitive technologies in support of its nuclear and missile programmes. Those measures were to focus on the areas of trade, the financial sector, the Iranian transport sector and key sectors in the oil and gas industry, and on additional designations, in particular for the Islamic Revolutionary Guards Corps. 5 On 26 July 2010 the Council adopted Council Decision 2010/413/CFSP concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ 2010 L 195, p. 39), Annex II to which decision lists the names of the persons and entities — other than those designated by the Security Council or by the Sanctions Committee created by Resolution 1737 (2006), mentioned in Annex I — whose assets are to be frozen. Recital 22 in the preamble to that decision refers to Resolution 1929 and states that that resolution notes the potential connection between the revenues derived by Iran from its energy sector and the funding of its proliferation-sensitive nuclear activities. 6 On 23 January 2012, the Council adopted Decision 2012/35/CFSP amending Decision 2010/413 (OJ 2012 L 19, p. 22). According to recital 13 in the preamble to that decision, the restrictions on admission and the freezing of funds and economic resources should be applied to additional persons and entities providing support to the Government of Iran allowing it to pursue proliferation-sensitive nuclear activities or the development of nuclear weapon delivery systems, in particular persons and entities providing financial, logistical or material support to the Government of Iran. 7 Article 1(7)(a)(ii) of Decision 2012/35 added the following point to Article 20(1) of Decision 2010/413, providing for the freezing of funds belonging to the following persons and entities: “(c) other persons and entities not covered by Annex I that provide support to the Government of Iran, and persons and entities associated with them, as listed in Annex II”. 8 Consequently, in the context of the FEU Treaty, the Council adopted, on 23 March 2012, Regulation (EU) No 267/2012 on restrictive measures against Iran and repealing Regulation (EC) No 961/2010 (OJ 2010 L 88, p. 1). In order to implement Article 1(7)(a)(ii) of Decision 2012/35, Article 23(2) of that regulation provides for the freezing of funds of persons, entities and bodies listed in Annex IX thereto, identified as: “(d) being other persons, entities or bodies that provide support, such as material, logistical or financial support, to the Government of Iran, and persons and entities associated with them”. 9 On 15 October 2012, the Council adopted the contested decision. According to recital 16 of that decision, additional persons and entities were to be included in the list of persons and entities subject to restrictive measures as set out in Annex II to Decision 2010/413, in particular Iranian State-owned entities engaged in the oil and gas sector, since they provide a substantial source of revenue for the Government of Iran. 10 Article 1(8)(a) of the contested decision amended Article 20(1)(c) of Decision 2010/413, which consequently provides that restrictive measures are to be imposed on: “(c) other persons and entities not covered by Annex I that provide support to the Government of Iran and entities owned or controlled by them or persons and entities associated with them, as listed in Annex II”. 11 Article 2 of the contested decision listed the applicant in the table in Annex II to Decision 2010/413 containing the list of “Persons and entities involved in nuclear or ballistic missile activities and persons and entities providing support to the Government of Iran”. 12 Consequently, on the same date, the Council adopted the contested regulation. Article 1 of the contested regulation listed the applicant in the table in Annex IX to Regulation No 267/2012 containing the list of “Persons and entities involved in nuclear or ballistic missile activities and persons and entities providing support to the Government of Iran”. 13 The applicant was included in the lists in question by the contested decision and the contested regulation (together, “the contested acts”) for the following reasons: State-owned and operated entity providing financial resources to the Government of Iran. The Minister [of] Oil is Director of the NIOC Board and the Deputy Minister of Oil is the Managing Director of NIOC.’