Judgment of the General Court (Seventh Chamber) of 16 July 2014 — National Iranian Oil Company v Council

(Case T‑578/12)

‛Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Action for annulment — Infra-State body — Standing to bring proceedings — Admissibility — Obligation to state reasons — Indication and choice of legal basis — Powers of the Council — Principle of foreseeability of European Union acts — Meaning of providing support to nuclear proliferation — Manifest error of assessment — Rights of the defence and right to effective judicial protection — Proportionality — Right to property’

1. Actions for annulment — Conditions for admissibility — Interest in bringing proceedings — Natural or legal persons — Measures of direct and individual concern to them — Action against an act imposing restrictive measures on the applicant — Governmental organisation invoking the protections and guarantees linked to fundamental rights — No provision excluding a non-Member State from the right of action — Admissibility (Arts 263, fourth para., TFEU and 275, second para., TFEU; Charter of Fundamental Rights of the European Union, Art. 47) (see paras 35, 36)

2. 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 para. 44)

3. Common foreign and security policy — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Power of the Council, in matters concerning restrictive measures based on Article 215 TFEU, to have recourse to the procedure laid down in Article 291(2) TFEU (Arts 215 TFEU and 291(2) TFEU; Council Regulation No 267/2012, Art. 46(2)) (see paras 54, 55)

4. Acts of the institutions — Regulations — Regulation concerning the adoption of restrictive measures against Iran — Implementing powers reserved by the Council — Lawfulness — Conditions — Specific and reasoned cases (Arts 215 TFEU and 291(2) TFEU; Council Regulation No 267/2012, Art. 46(2)) (see paras 58-83)

5. Common foreign and security policy — Restrictive measures against Iran — Decision to freeze funds — Judicial review of the legality — Scope — Article 20(1)(c) of Decision 2010/413 — Inclusion (Art. 275, second para., TFEU; Council Decisions 2010/413/CFSP, Art. 20(1)(c), and 2012/635/CFSP, Art. 1(8)(a)) (see paras 92-96)

6. 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. 29 TEU; Art. 215(2) TFEU; Council Decisions 2010/413/CFSP, Art. 20(1)(c), and 2012/635/CFSP, Art. 1(8)(a); Council Regulation No 267/2012, Art. 23(2)(d)) (see paras 105-108)

7. EU law — Principles — Legal certainty — EU legislation — Requirements of clarity and foreseeability (see paras 112, 113, 115-123)

8. EU law — Principles — Proportionality — Whether a measure is proportionate to its aim — Criteria for assessment (see para. 126)

9. 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 property — Breach of principle of proportionality — Absence (Council Decisions 2010/413/CFSP, Art. 20(1)(c), and 2012/635/CFSP, Art. 1(8)(a); Council Regulation No 267/2012, Art. 23(2)(d)) (see paras 127, 128)

10. Fundamental rights — Charter of Fundamental Rights of the European Union — Scope — Relied on by a legal person regarded as an emanation of a non-Member State — Respect for the rights and fundamental freedoms of all persons and entities covered by the restrictive measures — Admissibility (Art. 215(3) TFEU; Charter of Fundamental Rights of the European Union, Arts 17, 41 and 47; Council Decision 2010/413/CFSP, twenty-fifth recital; Council Regulation No 267/2012, twenty-sixth recital) (see paras 169-171)

11. European Union — Judicial review of the legality of the acts of the institutions — Restrictive measures against Iran — Ambit of the review — Exclusion of matters brought to the knowledge of the institution after the adoption of the contested decision (Council Decision 2012/635/CFSP; Council Regulation No 945/2012) (see para. 177)

Re:

APPLICATION for annulment of Council Decision 2012/635/CFSP of 15 October 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2012 L 282, p. 58) and of Council Implementing Regulation (EU) No 945/2012 of 15 October 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2012 L 282, p. 16).

Operative part

The Court:

1. Dismisses the action;

2. Orders National Iranian Oil Company to bear its own costs and to pay the costs of the Council of the European Union;