ORDER OF THE GENERAL COURT (Fourth Chamber)
14 May 2012 (1)
(Application initiating proceedings – Formal requirements – Manifest partial inadmissibility)
In Case T-56/12,
IRISL Maritime Trading Institute, established in Tehran (Iran),
Kara Shipping and Chartering GmbH & Co. KG, established in Hamburg (Germany),
Khaybar Co., established in Tehran (Iran),
Kish Shipping Lines Manning Company, established in Kish Island (Iran),
Fairway Shipping Ltd, established in London (United Kingdom), and
Multimodal Transport Company, established in Tehran (Iran), represented by H. Randolph QC, M. Lester, Barrister and M. Taher, Solicitor,
applicants,
v
Council of the European Union,
defendant,
APPLICATION for partial annulment of Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ L 319, p. 71) and Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran (OJ L 319, p. 11),
THE GENERAL COURT (Fourth Chamber),
composed of I. Pelikánová, President, K. Jürimäe and M. van der Woude, Judges,
Registrar: E. Coulon,
makes the following
Order
Procedure and form of order sought by the applicants
1 By application lodged at the Registry of the Court on 9 February 2012, the applicants brought the present action.
2 The applicants claim that the Court should:
– annul Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ L 319, p. 71) and Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran (OJ L 319, p. 11), insofar as they concern the applicants;
– order the defendant to pay the costs.
Law
3 Under Article 111 of the Rules of Procedure, where the action is manifestly inadmissible the Court may, without taking further steps in the proceedings, give a decision on the action by reasoned order.
4 Furthermore, under Article 44, paragraph 5, points (a) and (b) of the Rules of Procedure, an application made by a legal person governed by private law shall be accompanied by the instrument or instruments constituting and regulating that legal person or a recent extract from the register of companies, firms or associations or any other proof of its existence in law, and a proof that the authority granted to the applicant’s lawyer has been properly conferred on him by someone authorised for the purpose.
5 In addition, under Article 44, paragraph 6, of the Rules of Procedure if an application does not comply with the requirements set out in paragraph 5, the Registrar shall prescribe a reasonable period within which the applicant is to comply with them whether by putting the application itself in order or by producing any of the above-mentioned documents. In case of failure to do as requested, the General Court shall decide whether the non-compliance with these conditions renders the application formally inadmissible.
6 In the present case, the General Court considers that it has sufficient information from the documents in the file and has decided, pursuant to the articles referred to above, to give a decision without taking further steps in the proceedings.
7 The Court notes that on two occasions, namely on 16 February and 6 March 2012, the Registrar prescribed a reasonable period for putting an application in order in respect of two applicants, namely Kara Shipping and Chartering GmbH & Co. KG and Fairway Shipping Ltd. The Court further notes that these applicants failed to produce formal documents foreseen by Article 44, paragraph 5, of the Rules of Procedure.
8 In consequence, their application does not satisfy the minimum requirements of Article 44, paragraph 5, points (a) and (b) of the Rules of Procedure.
9 It follows from the above considerations that the present action must be rejected as manifestly inadmissible on formal grounds in respect of Kara Shipping and Chartering GmbH & Co. KG and Fairway Shipping Ltd.
Costs
10 As the present order was adopted prior to service of the application on the defendant and before the latter could have incurred costs, it is sufficient to decide that the applicants, in respect of which the action is dismissed, must bear their own costs pursuant to Article 87(1) of the Rules of Procedure.
On those grounds,
THE GENERAL COURT (Fourth Chamber)
hereby orders:
1. The action is dismissed as regards Kara Shipping and Chartering GmbH & Co. KG and Fairway Shipping Ltd.
2. These applicants shall pay their own costs.
Luxembourg, 14 May 2012.