Judgment of the General Court (Second Chamber) of 4 December 2015 — Emadi v Council

(Case T‑274/13)

‛Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Iran — Freezing of funds — Restrictions on the entry into and transit through European Union territory — Legal basis — Obligation to state reasons — Right to be heard — Error of assessment — Ne bis in idem — Freedom of expression — Freedom of the media — Freedom to choose an occupation — Free movement — Right to property’

1. Judicial proceedings — Application initiating proceedings — Formal requirements — Identification of the subject-matter of the dispute — Brief summary of the pleas in law on which the application is based — Similar requirements for claims invoked in support of a plea (Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the General Court (1991), Art. 44(1)(c) and (d)) (see paras 45, 46, 128, 177)

2. Judicial proceedings — Application initiating proceedings — Pleas — Alteration once proceedings have been started — Condition (Rules of Procedure of the General Court (1991), Art. 48(2)) (see para. 53)

3. 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 (Arts 263, fourth and sixth paras, TFEU and 275, second para., TFEU; Rules of Procedure of the General Court (1991), Art. 102(1); Council Decision 2014/205/CFSP; Council Regulation No 371/2014) (see paras 52, 54-57, 60, 61)

4. Actions for annulment — Time-limits — Point from which time starts to run — Notification — Concept — Notification to an applicant’s representative — Condition (Art. 263, sixth para., TFEU) (see paras 63, 64)

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 Decisions 2013/124/CFSP and 2014/205/CFSP; Council Regulations No 206/2013 and No 371/2014) (see paras 79-84)

6. Actions for annulment — Grounds — Lack of or inadequate statement of reasons — Separate ground from the one concerning substantive legality (Arts 263 TFEU and 296 TFEU) (see paras 85, 86)

7. 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, Arts 41(2), and 47; Council Decision 2013/124/CFSP; Council Regulation No 206/2013) (see paras 99-102, 135-138, 155)

8. 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 — No right to be heard prior to the adoption of such measures (Art. 275, second para., TFEU; Charter of Fundamental Rights of the European Union, Arts 41(2), and 47; Council Decision 2013/124/CFSP; Council Regulation No 206/2013) (see para. 104)

9. Common foreign and security policy — Restrictive measures against Iran — Legal basis — Restrictive measures laid down by a decision adopted on the basis of Article 29 TEU and by a regulation based on Article 215 TFEU (Arts 21(2), 23 and 29 TEU; Arts 205 TFEU and 215(2) TFEU; Council Decisions 2011/235/CFSP, 2013/124/CFSP, and 2014/205/CFSP; Council Regulations No 359/2011, No 206/2013, and No 371/2014) (see paras 110-118, 126)

10. Judicial proceedings — Introduction of new pleas during the proceedings — Plea raised for the first time at the reply stage — Inadmissibility (Rules of Procedure of the General Court, Arts 44(1)(c), and 48(2)) (see para. 129)

11. Common foreign and security policy — Restrictive measures against Iran — Entry of a company director on the list of persons and entities subject to the freezing of funds and economic resources — Entry based on a previous decision of a national regulatory and independent competition authority in the communications sector fining the company — No identity of contravener — No identity of legal interest — No breach of the principle of no double jeopardy (Charter of Fundamental Rights, Art. 50; Council Decisions 2013/124/CFSP and 2014/205/CSFP; Council Regulations No 206/2013 and No 371/2014) (see paras 168-173)

12. Common foreign and security policy — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Restriction of the right to freedom of expression and freedom to choose an occupation — Restriction of the right to property — No breach of principle of proportionality (Charter of Fundamental Rights, Arts 11, 17(1), and 52(1); Council Decisions 2011/235/CFSP, 2013/124/CFSP, and 2014/205/CFSP; Council Regulations No 359/2011, No 206/2013, and No 371/2014) (see paras 187-202, 208-212)

13. Common foreign and security policy — Restrictive measures against Iran — Prohibition on entry and transit and freezing of funds of certain persons and entities engaged in or supporting nuclear proliferation — Restriction on free movement in the Union — No breach of principle of proportionality (Art. 29 TEU; Art. 21(1) TFEU; Council Decisions 2011/235/CFSP, 2013/124/CFSP, and 2014/205/CFSP; Council Regulations No 359/2011, No 206/2013, and No 371/2014) (see paras 204-206)

Re:

APPLICATION for the annulment in part, first, of Council Decision 2013/124/CSFP of 11 March 2013 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran (OJ 2013 L 68, p. 57), second, of Council Implementing Regulation (EU) No 206/2013 of 11 March 2013 implementing Article 12(1) of Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran (OJ 2013 L 68, p. 9), third, of Council Decision 2014/205/CFSP of 10 April 2014 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran (OJ 2014 L 109, p. 25), fourth, Council Implementing Regulation (EU) No 371/2014 of 10 April 2014 implementing Article 12(1) of Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran (OJ 2014 L 109, p. 9), in so far as those measures concern the applicant.

Operative part

The Court:

1. Dismisses the application;

2. Orders Hamid Reza Emadi to pay his own costs and those incurred by the Council of the European Union;