Case T-45/14: Judgment of the General Court of 18 September 2015 — HTTS and Bateni v Council (Common foreign and security policy — Restrictive measures adopted against Iran — Freezing of funds — Criterion relating to the provision of essential services to IRISL or to entities owned by it, under its control or acting on its behalf — Right to effective judicial protection — Obligation to state reasons — Manifest error of assessment — Right to property — Freedom to conduct a business — Right to respect for family life — Proportionality)
Date: 2015-09-18
Institutions: General Court
Subjects: Iran, common foreign and security policy, economic sanctions, international sanctions, ownership, protection of privacy, right of establishment, right to justice, trade restriction








C_2015363EN.01003601.xml










3.11.2015   


EN


Official Journal of the European Union


C 363/36





Judgment of the General Court of 18 September 2015 — HTTS and Bateni v Council
(Case T-45/14) (1)

((Common foreign and security policy - Restrictive measures adopted against Iran - Freezing of funds - Criterion relating to the provision of essential services to IRISL or to entities owned by it, under its control or acting on its behalf - Right to effective judicial protection - Obligation to state reasons - Manifest error of assessment - Right to property - Freedom to conduct a business - Right to respect for family life - Proportionality))
(2015/C 363/44)
Language of the case: German

Parties


Applicants: HTTS Hanseatic Trade Trust & Shipping GmbH (Hamburg, Germany) and Naser Bateni (Hamburg) (represented initially by M. Schlingmann and F. Lautenschlager, subsequently by M. Schlingmann, lawyers)

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

Re:

Application for annulment of Council Decision 2013/661/CFSP of 15 November 2013 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2013 306, p. 18) and Council Implementing Regulation (EU) No 1154/2013 of 15 November 2013 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2013 L 306, p. 3) in so far as they relate to the applicants.

Operative part of the judgment

The Court:






1.


Annuls Council Decision 2013/661/CFSP of 15 November 2013 amending Decision 2010/413/CFSP concerning restrictive measures against Iran in so far as it listed HTTS Hanseatic Trade Trust & Shipping GmbH and Mr Naser 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;










2.


Annuls Council Implementing Regulation (EU) No 1264/2012 of 21 December 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran in so far as it listed HTTS Hanseatic Trade Trust & Shipping GmbH and Mr Bateni 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 Council of the European Union to bear its own costs and to pay those incurred by HTTS Hanseatic Trade Trust & Shipping GmbH and Mr Bateni.






(1)  OJ C 71, 8.3.2014.