Judgment of the General Court (Seventh Chamber) of 3 July 2014 — Zanjani v Council

(Case T‑155/13)

‛Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Restrictions on admission — Action for annulment — Period allowed for commencing proceedings — Admissibility — Obligation to state reasons — Error of assessment — Adjustment of the temporal effects of annulment’

1. 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 — Period starting to run as from the fourteenth day following that publication (Art. 263, sixth para., TFEU; Rules of Procedure of the General Court, Art. 102(1); Council Decision 2010/413/CFSP, Art. 24(3); Council Regulation No 267/2012, Art. 46(3)) (see paras 32-47)

2. Plea of illegality — Measures the illegality of which may be pleaded — General measure providing the basis of the contested decision — Individual measure restricting admission — No jurisdiction of the EU judicature (Art. 277 TFEU) (see paras 52-54)

3. Judicial proceedings — Action by a natural or legal person seeking a declaration concerning the scope ratione personae of a Commission decision — No jurisdiction of the EU judicature (Art. 263 TFEU) (see para. 53)

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 — Assessment of legality by reference to the information available at the time of adoption of the decision (Arts 263 TFEU and 296 TFEU; Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2012/829/CFSP; Council Regulation No 1264/2012) (see paras 62, 63, 65, 74)

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 amounting to support for such proliferation (Council Decision 2012/829/CFSP; Council Regulation No 1264/2012) (see paras 64, 67, 74-79, op. part 1, 2)

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 communicate new inculpatory evidence — Scope (Council Decision 2012/829/CFSP; Council Regulation No 1264/2012) (see paras 65, 66, 68-74)

7. 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 — Obligation to communicate the reasoning to the person concerned at the same time as the measure adversely affecting him or immediately thereafter — Limits — Safety of the Union and the Member States or conduct of their international relations — Scope (Art. 296 TFEU; Council Decision 2012/829/CFSP; Council Regulation No 1264/2012) (see paras 69-74)

8. Actions for annulment — Judgment annulling a measure — Effects — Partial annulment of a regulation and a decision on the adoption of restrictive measures against Iran — Such annulment taking effect as from the expiry of the period for lodging an appeal or from the dismissal of the appeal (Arts 264 TFEU and 266 TFEU; Statute of the Court of Justice, Art. 56, first para.; Council Decision 2012/829/CFSP; Council Regulation No 1264/2012) (see paras 80-86)

Re:

APPLICATION for, first, annulment of (i) Council Decision 2012/829/CFSP of 21 December 2012, amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2012 L 356, p. 71), in that the applicant was listed 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 (ii) Council Implementing Regulation (EU) No 1264/2012 of 21 December 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2012 L 356, p. 55), in that the applicant was listed in 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) and, secondly, a declaration of the inapplicability of Decision 2012/829 and Implementing Regulation No 1264/2012 in so far as Article 19(1)(b) and (c) of Decision 2010/413 is applied to the applicant.

Operative part

The Court:

1. Annuls Council Decision 2012/829/CFSP of 21 December 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran, in so far as it listed Mr Babak Zanjani 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;

2. Annuls Council Implementing Regulation (EU) No 1264/2012 of 21 December 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran, in so far as it listed Mr Babak Zanjani in 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;

3. Orders the effects of Decision 2012/829 and Implementing Regulation No 1264/2012 to be maintained as regards Mr Babak Zanjani until the date of expiry of the period for bringing an appeal stated in the first paragraph of Article 56 of the Statute of the Court of Justice of the European Union or, if an appeal has been brought within that period, until the dismissal of the appeal;

4. Dismisses the action as to the remainder;