Judgment of the General Court of 6 September 2013 – Good Luck Shipping v Council
(Case T-57/12) 1
(Common foreign and security policy – Restrictive measures against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Obligation to state reasons – Manifest error of assessment)
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, Agents)
Re:
Application for annulment of, first, Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2011 L 319, p. 71), second, Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran (OJ 2011 L 319, p. 11) and, third, Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation No 961/2010 (OJ 2012 L 88, p. 1), in so far as those provisions concern the applicant
Operative part of the judgment
The Court:
Annuls the following measures, in so far as they concern Good Luck Shipping LLC:
– Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran;
– Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran;
– Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation No 961/2010;
Orders that the effects of Decision 2011/783 be maintained as regards Good Luck Shipping until the annulment of Regulation No 267/2012 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 109, 14.4.2012.