Judgment of the General Court (Fourth Chamber) of 12 November 2013 —
North Drilling v Commission
(Case T‑552/12)
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Error of fact — Temporal adjustment of the effects of an annulment
1. Actions for annulment — Jurisdiction of the EU judicature — Claim seeking that directions be issued to an institution — Inadmissibility (Art. 263 TFEU) (see para. 17)
2. European Union — Judicial review of the legality of the acts of the institutions — Restrictive measures against Iran — Measures in the context of the fight against nuclear proliferation — Ambit of the review — Assessment of legality by reference to the information available at the time of adoption of the decision (Council Decision 2010/413/CFSP; Council Regulation No 267/2012) (see para. 25)
3. EU law — Principles — Rights of defence — Right to effective judicial protection — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Obligation to communicate new inculpatory evidence — Scope (Council Decision 2010/413/CFSP; Council Regulation No 267/2012) (see para. 26)
4. Actions for annulment — Judgment annulling a measure — Effects — Partial annulment of a regulation and a decision on the adoption of restrictive measures against Iran — Annulment of regulation to take effect only as from the date of expiry of the period for bringing an appeal or from the date of dismissal of the appeal (Arts 264, second para., TFEU and 280 TFEU; Statute of the Court of Justice, Arts 56, first para., and 60, second para.; Council Decision 2010/413/CFSP; Council Regulation No 267/2012, Annex IX) (see paras 30, 31)
5. Actions for annulment — Judgment annulling a measure — Effects — Limitation by the Court — Restrictive measures against Iran — Annulment at two different times of two acts containing identical restrictive measures — Risk of legal certainty being seriously affected — Maintenance of the effects of the first of those acts until the taking effect of annulment of the second (Art. 264, second para., TFEU; Council Decision 2010/413/CFSP, Annex II; Council Regulation No 267/2012, Annex IX) (see paras 32‑35)
Re:
| APPLICATION for annulment, first, of 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), and, secondly, of 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 those measures affect the applicant. |
Operative part
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 included the name of North Drilling Co. 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 included the name of North Drilling 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. | | Annuls Annex IX to Regulation No 267/2012 in so far as it concerns North Drilling; |
4. | | Orders the effects of Decision 2010/413, as amended by Decision 2012/635, to be maintained as regards North Drilling from its entry into force, on the twentieth day following its publication in the Official Journal of the European Union, until the partial annulment of Regulation No 267/2012 takes effect; |
5. | | Orders the Council of the European Union to bear its own costs and to pay those incurred by North Drilling in the present proceedings and in the proceedings for interim measures. |