Case T-110/12: Judgment of the General Court of 6 September 2013 — Iranian Offshore Engineering & Construction v Council (Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Action for annulment — Time-limit for amendment of the form of order sought — Admissibility — Obligation to state reasons — Manifest error of assessment)
Date: 2013-09-06
Institutions: General Court
Subjects: Iran, capital movement, common foreign and security policy, economic sanctions, equal treatment, international sanctions, legal basis, nuclear non-proliferation, principle of proportionality, right to justice, rights of the defence








C_2013304EN.01001901.xml










19.10.2013   


EN


Official Journal of the European Union


C 304/19





Judgment of the General Court of 6 September 2013 — Iranian Offshore Engineering & Construction v Council
(Case T-110/12) (1)

(Common foreign and security policy - Restrictive measures against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Action for annulment - Time-limit for amendment of the form of order sought - Admissibility - Obligation to state reasons - Manifest error of assessment)
2013/C 304/32
Language of the case: Spanish

Parties


Applicant: Iranian Offshore Engineering & Construction Co. (Tehran, Iran) (represented by: J. Viñals Camallonga, L. Barriola Urruticoechea and J. Iriarte Ángel, lawyers)

Defendant: Council of the European Union (represented by: P. Plaza García, V. Piessevaux and G. Ramos Ruano, acting as Agents)

Re:

Application for annulment, first, 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), and, secondly, of Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran (OJ 2011 L 319, p. 11), and 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), in so far as those acts concern the applicant.

Operative part of the judgment

The Court:






1.


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 the name of Iranian Offshore Engineering & Construction Co. in Annex II to Decision 2010/413/CFSP concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP;










2.


Annuls Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran in so far as it included the name of Iranian Offshore Engineering & Construction 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;










3.


Annuls Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation No 961/2010 in so far as it concerns Iranian Offshore Engineering & Construction;










4.


Orders the effects of Decision 2010/413, as amended by Decision 2011/783, to be maintained as regards Iranian Offshore Engineering & Construction, from 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;










5.


Orders the Council of the European Union to bear its own costs and to pay the costs incurred by Iranian Offshore Engineering & Construction, in the present proceedings and in the proceedings for interim measures.






(1)  OJ C 126, 28.4.2012.