Judgment of the General Court (Fourth Chamber) of 12 June 2013 — HTTS v Council

(Cases T-128/12 and T-182/12)

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

1. Judicial proceedings — Absolute bar to proceeding — To be considered of the Court’s own motion — Requirement that an interest in bringing proceedings subsist until the delivery of the court decision — Concept of interest in bringing proceedings — Action capable of procuring a benefit for the party bringing it (Rules of Procedure of the General Court, Art. 113) (see paras 30, 31, 35)

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 42-44)

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 the assessment of facts and verification of evidence for measures applying to specific entities (Art. 29 TEU; Art. 215(2) TFEU; Council Decision 2010/413/CFSP; Council Regulations No 961/2010, Art. 16(2)(a), and No 267/2012, Art. 23(2)(e)) (see paras 45-49)

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 Regulations No 961/2010, Art. 16(2)(a), and No 267/2012, Art. 23(2)(e)) (see paras 54, 56)

5. EU Law — Principles — Rights of defence — Restrictive measures against Iran — Measures in the context of the fight against nuclear proliferation — 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 Regulations No 961/2010, Art. 16(2)(a), and No 267/2012, Art. 23(2)(e)) (see paras 57, 59)

6. Actions for annulment — Judgment annulling a measure — Effects — Limitation by the Court — Restrictive measures against Iran — Annulment at two different times of two measures comprising identical restrictive measures — Risk of serious undermining of legal certainty — Maintenance of the effects of the first of those measures until the annulment of the second takes effect (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 74, 75, 77-79)

Re:

In Case T-128/12, application for annulment of Council Decision 2012/35/CFSP of 23 January 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2012 L 19, p. 22), in that it listed the applicant’s name on new grounds in Annex II to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran (OJ 2010 L 195, p. 39) and of Council Implementing Regulation (EU) No 54/2012 of 23 January 2012 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran (OJ 2012 L 19, p. 1) in so far as the applicants’ names have been listed on new grounds 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 182/12, application for annulment of Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Council 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 and entities and bodies whose assets have been frozen.

Operative part

The Court:

1. Joins Cases T-128/12 and T-182/12 for the purposes of the judgment;

2. Rules that, in Case T-128/12, there is no further need to adjudicate on the application for annulment of Council Implementing Regulation (EU) No 54/2012 of 23 January 2012 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran in so far as it concerns HTTS Hanseatic Trade Trust & Shipping GmbH;

3. Annuls Council Decision 2012/35/CFSP of 23 January 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran in so far as it has entered the name of HTTS Hanseatic Trade Trust & Shipping in Annex II to Decision 2010/413;

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 HTTS Hanseatic Trade Trust & Shipping;

5. Upholds the effects of Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran, as amended by Decision 2012/35, as regards HTTS Hanseatic Trade Trust & Shipping, 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 HTTS Hanseatic Trade Trust & Shipping and to bear its own costs;