Judgment of the General Court (Fourth Chamber) of 6 September 2013 — Bateni v Council

(Cases T‑42/12 and T‑181/12)

‛Common foreign and security policy — Restrictive measures adopted against Iran in order to prevent nuclear proliferation — Freezing of funds — Manifest error of assessment’

1. Actions for annulment — Interest in bringing proceedings — Concept — Action capable of securing a benefit for the applicant — Interest having to subsist until the delivery of the court decision — Act repealing and replacing the contested measure during the proceedings — Loss of the applicant’s interest in bringing an action — No need to adjudicate (Art. 263 TFEU; Council Regulations No 961/2010, No 1245/11 and No 267/2012) (see paras 28-32)

2. European Union — Common foreign and security policy — Restrictive measures against Iran — Measures in the context of the fight against terrorism and nuclear proliferation — Judicial review — Scope — Differentiation, for reasons of efficiency, between the extent of the review concerning measures in the fight against nuclear proliferation, on the one hand, and in the fight against terrorism, on the other — Not permissible (Art. 29 TEU; Art. 215(2) TFEU) (see paras 38-40)

3. 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 — Restricted review for general rules — Review extending to assessment of the facts and verification of the evidence for measures applying to specific entities (Art. 29 TEU; Art. 215(2), TFEU; Council Decision 2010/413/CFSP, Art. 20(1)(b); Council Regulation No 267/2012, Art. 23(2)) (see paras 42‑46)

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 — Exclusion of matters brought to the knowledge of the institution after the adoption of the contested decision (Council Decision 2010/413/CFSP, Art. 20(1)(b); Council Regulation No 267/2012, Art. 23(2)) (see paras 51, 53)

5. EU law — Principles — Rights of defence — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Obligation to disclose incriminating evidence — Scope (Council Decision 2010/413/CFSP, Art. 20(1)(b); Council Regulation No 267/2012, Art. 23(2)(a)) (see paras 54, 56, 57)

6. Actions for annulment — Judgment annulling a measure — Effects — Limitation by the Court — Restrictive measures against Iran — Partial annulment at two different times of two acts comprising identical restrictive measures — Risk of legal certainty being seriously affected — Maintenance of the effects of the first of those acts until the taking effect of annulment of the second (Art. 264, second para., TFEU; Statute of the Court of Justice, Art. 60, second para.; Council Decision 2010/413/CFSP; Council Regulation No 267/2012) (see paras 86, 87)

Re:

In Case T‑42/12, application for annulment 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), in so far as it included the applicant in the list set out in Annex II to 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 Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Council Regulation (EU) No 961/2010 on restrictive measures against Iran (OJ 2011 L 319, p. 11), in so far as it included the applicant in Annex VIII to 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, in Case T‑181/12, application for annulment of Annex IX to 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 the applicant’s name has been maintained in the list of persons, entities and bodies whose assets have been frozen.

Operative part

The Court:

1. Joins Cases T‑42/12 and T‑181/12 for the purposes of the judgment;

2. Rules that, in Case T‑42/12, there is no further need to adjudicate on the application for annulment of Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Council Regulation (EU) No 961/2010 on restrictive measures against Iran, in so far as it concerns Mr Naser Bateni;

3. Annuls Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran, in so far as it included Mr Bateni in Annex II to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP;

4. Annuls Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Council Regulation (EU) No 961/2010 in so far as it concerns Mr Bateni;

5. Upholds the effects of Decision 2010/413/CFSP, as amended by Decision 2011/783, as regards Mr Bateni, since its entry into force on the 20th day following its publication in the Official Journal of the European Union until the annulment in part of Regulation No 267/2012 takes effect;

6. Orders the Council of the European Union to pay the costs incurred by Mr Bateni and to bear its own costs;