Keywords

Subject of the case

Operative part



Keywords

Judicial proceedings — Measures repealing and replacing the contested measure in the course of proceedings — Application to amend pleas for annulment formulated in the course of the proceedings — Time-limit for the submission of such an application — Point from which time starts to run — Date of communication of the new measure to the persons concerned (Art. 263, sixth para., TFEU) (see paras 29-31)

2. Actions for annulment — Interest in bringing proceedings — Interest to be assessed at the time at which an action is brought — Action against an act imposing restrictive measures on the applicant — Repeal of the contested act in the course of the proceedings — Declaration that no need to adjudicate — Not permissible — Maintenance of the applicant’s interest in obtaining recognition of the illegality of the contested act (Arts 263 TFEU and 266 TFEU) (see paras 35-37, 39-42)

3. 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 (Art. 296 TFEU; Council Decision 2010/413/CFSP; Council Regulations No 961/2010 and No 267/2012) (see paras 46-51, 55-58)

4. 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 (Art. 275, second para., TFEU; Charter of Fundamental Rights of the European Union, Art. 47) (see paras 63-67)

5. 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 corresponding to support for such proliferation (Council Decision 2010/413/CFSP, Annex II; Council Regulation No 961/2010, Annex VIII) (see paras 69, 70, 72, 73, 77, 79-83)

Subject of the case

Re:

APPLICATION, principally, for annulment, with immediate effect, of Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2011 L 319, p. 71), Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran (OJ 2011 L 319, p. 11), and 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 acts concern the applicants, and, in the alternative, for a declaration that Article 19(1)(b) and Article 20(1)(b) 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), Article 16(2) of Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007 (OJ 2010 L 281, p. 1), and Article 23(2) of Regulation No 267/2012 do not apply to Mr Azizi.

Operative part

Operative part

The Court:

1. Annuls the following, in so far as they concern Mr Ali Sedghi and Mr Ahmad Azizi:

– Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran;

– Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran;

– Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010;

2. Declares that there is no need to adjudicate on the remainder of the action;

3. Orders the Council of the European Union to pay the costs.