CELEX: 62012CA0280
Language: en
Date: 2013-11-28 00:00:00
Title: Case C-280/12 P: Judgment of the Court (Fifth Chamber) of 28 November 2013 — Council of the European Union v Fulmen, Fereydoun Mahmoudian, European Commission (Appeal — Restrictive measures against the Islamic Republic of Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to substantiate the measure)

15.2.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 45/10
            
         Judgment of the Court (Fifth Chamber) of 28 November 2013 — Council of the European Union v Fulmen, Fereydoun Mahmoudian, European Commission
   (Case C-280/12 P) (1)
   
   (Appeal - Restrictive measures against the Islamic Republic of Iran with the aim of preventing nuclear proliferation - Freezing of funds - Obligation to substantiate the measure)
   2014/C 45/17
   Language of the case: French
   
      Parties
   
   
      Appellant: Council of the European Union (represented by: M. Bishop and R. Liudvinaviciute-Cordeiro, Agents)
   
      Other parties to the proceedings: Fulmen, Fereydoun Mahmoudian (represented by: A. Kronshagen and C. Hirtzberger, avocats), European Commission (represented by: M. Konstantinidis, Agent)
   
      Interveners in support of the appellant: United Kingdom of Great Britain and Northern Ireland (represented by: J. Beeko and A. Robinson, Agents, and by S. Lee, Barrister), French Republic (represented by: E. Ranaivoson and D. Colas, Agents)
   
      Re:
   
   Appeal against the judgment of the General Court (Fourth Chamber) of 21 March 2012 in Joined Cases T-439/10 and T-440/10 Fulmen and Mahmoudian v Council, by which that Court dismissed an application for annulment of 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), of 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), of Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413 (OJ 2010 L 281, p. 81), and of 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) — Specific restrictive measures against the Islamic Republic of Iran with the aim of preventing nuclear proliferation — Freezing of funds — Error of law — Error of assessment — Burden of proof
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the appeal;
            
         
               2.
            
            
               Orders the Council of the European Union to pay the costs;
            
         
               3.
            
            
               Orders the French Republic, the United Kingdom of Great Britain and Northern Ireland and the European Commission to bear their own costs.
            
         
      (1)  OJ C 235, 4.8.2012.