Case C-348/12 P: Judgment of the Court (Fifth Chamber) of 28 November 2013 — Council of the European Union v Manufacturing Support & Procurement Kala Naft Co., Tehran, European Commission (Appeal — Restrictive measures against the Islamic Republic of Iran with the aim of preventing nuclear proliferation — Measures directed against the Iranian oil and gas industry — Freezing of funds — Obligation to state reasons — Obligation to substantiate the measure)
Date: 2013-11-28
Institutions: Court of Justice
Subjects: motor car, vehicle registration, vehicle tax








C_2014039EN.01000602.xml










8.2.2014   


EN


Official Journal of the European Union


C 39/6





Judgment of the Court (Fifth Chamber) of 28 November 2013 — Council of the European Union v Manufacturing Support & Procurement Kala Naft Co., Tehran, European Commission
(Case C-348/12 P) (1)

(Appeal - Restrictive measures against the Islamic Republic of Iran with the aim of preventing nuclear proliferation - Measures directed against the Iranian oil and gas industry - Freezing of funds - Obligation to state reasons - Obligation to substantiate the measure)
2014/C 39/10
Language of the case: French

Parties


Appellant: Council of the European Union (represented by: M. Bishop and R. Liudvinaviciute-Cordeiro, acting as Agents)

Other parties to the proceedings: Manufacturing Support & Procurement Kala Naft Co., Tehran (represented by: F. Esclatine and S. Perrotet, avocats), European Commission (represented by M. Konstantinidis and E. Cujo, acting as Agents)

Re:

Appeal lodged against the judgment of the General Court in Case T-509/10 Manufacturing Support & Procurement Kala Naft, by which the General Court annulled, in so far as they concern Manufacturing Support & Procurement Kala Naft Co., Tehran, 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); Council Implementing Regulation (EU) No 668/2010 of 26 July 2010 implementing Article 7(2) of Regulation (EC) No 423/2007 concerning restrictive measures against Iran (OJ 2010 L 195, p. 25); Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413 (OJ 2010 L 281, p. 81); Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation No 423/2007 (OJ 2010 L 281, p. 1) — Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — List of persons, bodies and entities to which the freezing of funds applies — Errors of law — Admissibility — Governmental organisation status of the entity concerned — Ability of such an organisation to rely on the protection of fundamental rights — Burden of proof

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of the European Union of 25 April 2012 in Case T-509/10 Manufacturing Support & Procurement Kala Naft v Council;










2.


Dismisses the action for annulment brought by Manufacturing Support & Procurement Kala Naft Co., Tehran;










3.


Orders Manufacturing Support & Procurement Kala Naft Co., Tehran to bear its own costs and to pay those incurred by the Council of the European Union in relation both to the proceedings at first instance and to the appeal proceedings;










4.


Orders the European Commission to bear its own costs both of the proceedings at first instance and of the appeal proceedings.






(1)  OJ C 287, 22.9.2012.