Judgment of the General Court (Seventh Chamber) of 14 September 2016 — National Iranian Tanker Company v Council

(Case T‑207/15)

‛Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Res judicata — Right to an effective remedy — Error of assessment — Rights of the defence — Right to property — Proportionality’

1. 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 — Scope of the review (Charter of Fundamental Rights of the European Union, Art. 47; Council Decisions 2010/413/CFSP and 2015/236/CFSP; Council Regulations No 267/2012 and 230/2015) (see paras 44, 75-77)

2. Actions for annulment — Judgment annulling a measure — Scope — Absolute authority of res judicata — Scope — Both operative part and grounds to be taken into account (Art. 263 TFEU) (see paras 45-55)

3. EU law — Principles — Protection of legitimate expectations — Conditions — Specific assurances given by the authorities (see para. 56)

4. EU law — Principles — Legal certainty — EU rules — Requirements of clarity and foreseeability (see paras 57, 141, 142)

5. EU law — Principles — Right to an effective remedy — Judgment annulling the entry of a person on the list of persons subject to restrictive measures — Re-entry of the said person on the list — No infringement of the right to an effective remedy (Charter of Fundamental Rights of the European Union, Art. 47; Council Decisions 2010/413/CFSP and 2015/236/CFSP; Council Regulations No 267/2012 and 230/2015) (see paras 61-67)

6. 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 disclose incriminating evidence — Scope (Charter of Fundamental Rights of the European Union, Art. 47; Council Decisions 2010/413/CFSP and 2015/236/CFSP; Council Regulations No 267/2012 and 230/2015) (see paras 99-101, 103, 108)

7. 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 2015/236/CFSP; Council Regulations No 267/2012 and 230/2015) (see para. 102)

8. Common foreign and security policy — Restrictive measures against Iran — Freezing of funds of entities held or controlled by an entity recognised as participating in nuclear proliferation — Restriction of the right to property and the free exercise of an economic activity — No breach of principle of proportionality (Charter of Fundamental Rights of the European Union, Art. 47; Council Decisions 2010/413/CFSP and 2015/236/CFSP; Council Regulations No 267/2012 and 230/2015) (see paras 127, 131, 145)

Re:

APPLICATION under Article 263 TFEU for annulment of Council Decision (CFSP) 2015/236 of 12 February 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2015 L 39, p. 18) and Council Implementing Regulation (EU) No 2015/230 of 12 February 2015 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2015 L 39, p. 3), in so far as those measures concern the applicant, or, in the alternative, application under Article 277 TFEU for a declaration of inapplicability of Article 20(1)(c) of 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 of Article 23(2)(d) of 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 those provisions apply to the applicant.

Operative part

The Court:

1. Dismisses the action;