Joined Cases T-42/12 and T-181/12: Judgment of the General Court of 6 September 2013 — Bateni v Council (Common foreign and security policy — Restrictive measures adopted against Iran in order to prevent nuclear proliferation — Freezing of funds — 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.01001801.xml










19.10.2013   


EN


Official Journal of the European Union


C 304/18





Judgment of the General Court of 6 September 2013 — Bateni v Council
(Joined Cases T-42/12 and T-181/12) (1)

(Common foreign and security policy - Restrictive measures adopted against Iran in order to prevent nuclear proliferation - Freezing of funds - Manifest error of assessment)
2013/C 304/30
Language of the case: German

Parties


Applicant: Naser Bateni (Hamburg, Germany) (represented by: J. Kienzle, M. Schlingmann and F. Lautenschlager, lawyers)

Defendant: Council of the European Union (represented by: M. Bishop, J.-P. Hix and Z. Kupčová, acting as Agents)

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 of the judgment

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;










7.


Orders the Federal Republic of Germany to bear its own costs.






(1)  OJ C 98, 31.3.2012.