Judgment of the General Court of 24 May 2016 — Good Luck Shipping v Council
(Joined Cases T-423/13 and T-64/14) 1
(Common foreign and security policy — Restrictive measures against certain persons and entities with the aim of preventing nuclear proliferation in Iran — Freezing of funds — Error of law — Legal basis — Error of assessment — No evidence)
Language of the case: English
Parties
Applicant: Good Luck Shipping LLC (Dubai, United Arab Emirates) (represented by: F. Randolph, QC, M. Lester, Barrister, and M. Taher, Solicitor)
Defendant: Council of the European Union (represented by: V. Piessevaux and B. Driessen, acting as Agents)
Re:
Application, first, for annulment of Council Decision 2013/270/CFSP of 6 June 2013 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2013 L 156, p. 10) and Council Implementing Regulation (EU) No 522/2013 of 6 June 2013 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2013 L 156, p. 3), Council Decision 2013/661/CFSP of 15 November 2013 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2013 L 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 those measures relate to the applicant, and, second, for a declaration that Council Decision 2013/497/CFSP of 10 October 2013 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2013 L 272, p. 46) and Council Regulation (EU) No 971/2013 of 10 October 2013 amending Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2013 L 272, p. 1) are inapplicable.
Operative part of the judgment
The Court:
Annuls the following measures, in so far as they concern Good Luck Shipping LLC:
Council Decision 2013/270/CFSP of 6 June 2013 amending Decision 2010/413/CFSP concerning restrictive measures against Iran;
Council Implementing Regulation (EU) No 522/2013 of 6 June 2013 implementing Regulation (EU) No 267/2012 on restrictive measures against Iran;
Council Decision 2013/661/CFSP of 15 November 2013 amending Decision 2010/413/CFSP concerning restrictive measures against Iran;
Council Implementing Regulation (EU) No 1154/2013 of 15 November 2013 implementing Regulation (EU) No 267/2012 on restrictive measures against Iran;
Orders that the effects of Decision 2013/661 be maintained as regards Good Luck Shipping until the annulment of Regulation No 1154/2013 takes effect;
Orders the Council of the European Union to bear its own costs and to pay the costs incurred by Good Luck Shipping.
____________1 OJ C 325, 9.11.2013.