Case T-565/12: Judgment of the General Court of 3 July 2014  — National Iranian Tanker Company v Council (Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Error of assessment — Adjustment of the temporal effects of an annulment)
Date: 2014-07-03
Institutions: General Court
Subjects: Iran, economic sanctions, fundamental rights, international sanctions, ownership, right to justice, rights of the defence








C_2014282EN.01003101.xml










25.8.2014   


EN


Official Journal of the European Union


C 282/31





Judgment of the General Court of 3 July 2014 — National Iranian Tanker Company v Council
(Case T-565/12) (1)

((Common foreign and security policy - Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Obligation to state reasons - Error of assessment - Adjustment of the temporal effects of an annulment))
2014/C 282/40
Language of the case: English

Parties


Applicant: National Iranian Tanker Company (Tehran, Iran) (represented by: R. Chandrasekera, S. Ashley and C. Murphy, Solicitors, M. Lester, Barrister, and D. Wyatt QC)

Defendant: Council of the European Union (represented by: S. Boelaert and M. Bishop, acting as Agents)

Re:

Application for annulment of (i) 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), in so far as the applicant was listed 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 (ii) 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), in so far as that regulation concerns the applicant

Operative part of the judgment

The Court:






1)


Annuls Council Decision 2012/635/CFSP of 15 October 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran, in so far as it listed National Iranian Tanker Company 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;










2)


Annuls Council Implementing Regulation (EU) No 945/2012 of 15 October 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran, in so far as it listed National Iranian Tanker Company in 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;










3)


Orders the effects of Decision 2012/635 and Implementing Regulation No 945/2012 to be maintained as regards National Iranian Tanker Company until the date of expiry of the period for bringing an appeal stated in the first paragraph of Article 56 of the Statute of the Court of Justice of the European Union or, if an appeal has been brought within that period, until the dismissal of the appeal;










4)


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






(1)  OJ C 55, 23.2.2013.