Judgment of the General Court of 18 September 2015 — HTTS and Bateni v Council
(Case T-45/14) 1
(Common foreign and security policy — Restrictive measures adopted against Iran — Freezing of funds — Criterion relating to the provision of essential services to IRISL or to entities owned by it, under its control or acting on its behalf — Right to effective judicial protection — Obligation to state reasons — Manifest error of assessment — Right to property — Freedom to conduct a business — Right to respect for family life — Proportionality)
Language of the case: German
Parties
Applicants: HTTS Hanseatic Trade Trust & Shipping GmbH (Hamburg, Germany) and Naser Bateni (Hamburg) (represented initially by M. Schlingmann and F. Lautenschlager, subsequently by M. Schlingmann, lawyers)
Defendant: Council of the European Union (represented by: M. Bishop and J.-P. Hix, acting as Agents)
Re:
Application for annulment of Council Decision 2013/661/CFSP of 15 November 2013 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2013 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 they relate to the applicants.
Operative part of the judgment
The Court:
Annuls Council Decision 2013/661/CFSP of 15 November 2013 amending Decision 2010/413/CFSP concerning restrictive measures against Iran in so far as it listed HTTS Hanseatic Trade Trust & Shipping GmbH and Mr Naser Bateni 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;
Annuls Council Implementing Regulation (EU) No 1264/2012 of 21 December 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran in so far as it listed HTTS Hanseatic Trade Trust & Shipping GmbH and Mr Bateni 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.
Orders the Council of the European Union to bear its own costs and to pay those incurred by HTTS Hanseatic Trade Trust & Shipping GmbH and Mr Bateni.
____________1 OJ C 71, 8.3.2014.