Judgment of the General Court of 3 July 2014 — Sorinet Commercial Trust Bankers v Council
(Case T-157/13) 1
(Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Action for annulment — Period allowed for commencing proceedings — Period allowed for adaptation of forms of order — Admissibility — Obligation to state reasons — Error of assessment — Adjustment of temporal effects of annulment)
Language of the case: English
Parties
Applicant: Sorinet Commercial Trust Bankers Ltd (Kish Island, Iran) (represented by: L. Defalque and C. Malherbe, lawyers)
Defendant: Council of the European Union (represented by: A. De Elera, M. Bishop and A. Vitro, acting as Agents)
Re:
Application for annulment of (i) Council Decision 2012/829/CFSP of 21 December 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2012 L 356, p. 71), in so far as it listed the applicant 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 (OJ 2010 L 195, p. 39) and Council Implementing Regulation (EU) No 1264/2012 of 21 December 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2012 L 356, p. 55), in so far as it listed the applicant 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 (OJ 2012 L 88, p. 1) and (ii) Council Decision 2013/270/CFSP of 6 June 2013 amending Decision 2010/413 (OJ 2013 L 156, p. 10), in so far as it maintained the applicant’s listing in Annex II to Decision 2010/413, and Council Implementing Regulation (EU) No 522/2013 of 6 June 2013 implementing Regulation No 267/2012 (OJ 2013 L 156, p. 3), in so far as it maintained the applicant’s listing in Annex IX to Regulation No 267/2012.
Operative part of the judgment
The Court:
Annuls Council Decision 2012/829/CFSP of 21 December 2012, amending Decision 2010/413/CFSP concerning restrictive measures against Iran, in so far as it listed Sorinet Commercial Trust Bankers Ltd 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 Sorinet Commercial Trust Bankers Ltd 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;
Annuls Council Decision 2013/270/CFSP of 6 June 2013 amending Decision 2010/413, in so far as it maintained the listing of Sorinet Commercial Trust Bankers Ltd in Annex II to Decision 2010/413;
Annuls Council Implementing Regulation (EU) No 522/2013 of 6 June 2013 implementing Regulation No 267/2012, in so far as it maintained the listing of Sorinet Commercial Trust Bankers Ltd in Annex IX to Regulation No 267/2012;
Orders the effects of Annex II to Decision 2010/413, as amended by Decision 2013/270, and Annex IX to Regulation No 267/2012, as amended by Implementing Regulation No 522/2013, to be maintained as regards Sorinet Commercial Trust Bankers, until the date of expiry of the period for bringing an appeal stated in the first paragraph of Article 56 of the Statute of the Court of Justice of the European Union or, if an appeal has been brought within that period, until the dismissal of the appeal;
Orders the Council of the European Union to bear its own costs and to pay the costs of Sorinet Commercial Trust Bankers.
________________________1 OJ C 147, 25.5.2013.