Order of the General Court (First Chamber) of 14 April 2014 –Manufacturing Support & Procurement Kala Naft v Council

(Case T‑263/12)

‛Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Res judicata — Obligation to state reasons — Obligation of individual communication — Rights of the defence — Right to effective judicial protection — Right to property — Proportionality — Competence of the Council — Misuse of powers — Error of law — Definition of support given to nuclear proliferation — Error of assessment — Action manifestly lacking any foundation in law’

1. EU law — 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 27-32)

2. Judicial proceedings — Res judicata — Scope (see paras 36, 37)

3. Common foreign and security policy — Restrictive measures against Iran — Legal basis — Restrictive measures laid down by a decision adopted on the basis of Article 215 TFEU — Power of the Council to adopt independent fund-freezing restrictive measures, distinct from those recommended by the UN Security Council (Art. 215 TFEU; Council Regulation No 267/2012) (see paras 59, 60)

4. Common foreign and security policy — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Support for Iran’s nuclear activities posing a risk of proliferation — Concept — Marketing of essential equipment and technology intended for the gas and oil industry — Inclusion (Council Regulation No 267/2012, Art. 23(2)(a); Council Decision 2010/413/CFSP) (see paras 69, 75)

Re:

APPLICATION for the partial annulment 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).

Operative part

1. The action is dismissed as manifestly lacking any foundation in law.

2. In addition to bearing its own costs, Manufacturing Support & Procurement Kala Naft Co., Tehran is ordered to pay the costs incurred by the Council of the European Union.

3. The European Commission is ordered to pay its own costs.

Order of the General Court (First Chamber) of 14 April 2014 –Manufacturing Support & Procurement Kala Naft v Council

(Case T‑263/12)

‛Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Res judicata — Obligation to state reasons — Obligation of individual communication — Rights of the defence — Right to effective judicial protection — Right to property — Proportionality — Competence of the Council — Misuse of powers — Error of law — Definition of support given to nuclear proliferation — Error of assessment — Action manifestly lacking any foundation in law’

1. EU law — 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 27-32)

2. Judicial proceedings — Res judicata — Scope (see paras 36, 37)

3. Common foreign and security policy — Restrictive measures against Iran — Legal basis — Restrictive measures laid down by a decision adopted on the basis of Article 215 TFEU — Power of the Council to adopt independent fund-freezing restrictive measures, distinct from those recommended by the UN Security Council (Art. 215 TFEU; Council Regulation No 267/2012) (see paras 59, 60)

4. Common foreign and security policy — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Support for Iran’s nuclear activities posing a risk of proliferation — Concept — Marketing of essential equipment and technology intended for the gas and oil industry — Inclusion (Council Regulation No 267/2012, Art. 23(2)(a); Council Decision 2010/413/CFSP) (see paras 69, 75)

Re:

APPLICATION for the partial annulment 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).

Operative part

1. The action is dismissed as manifestly lacking any foundation in law.

2. In addition to bearing its own costs, Manufacturing Support & Procurement Kala Naft Co., Tehran is ordered to pay the costs incurred by the Council of the European Union.