Judgment of the General Court of 3 July 2014 — Zanjani v Council
(Case T-155/13) 1
(Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Restrictions on admission — Action for annulment — Period allowed for commencing proceedings — Admissibility — Obligation to state reasons — Error of assessment — Adjustment of the temporal effects of annulment)
Language of the case: English
Parties
Applicant: Babak Zanjani (Dubai, United Arab Emirates) (represented by: L. Defalque and C. Malherbe, lawyers)
Defendant: Council of the European Union (represented by: A. Vitro and M. Bishop, acting as Agents)
Re:
Application for, first, 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 that the applicant was listed 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 (ii) 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 that the applicant was listed 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, secondly, a declaration of the inapplicability of Decision 2012/829 and Implementing Regulation No 1264/2012 in so far as Article 19(1)(b) and (c) of Decision 2010/413 is applied to him.
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 Mr Babak Zanjani 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 Mr Babak Zanjani 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 effects of Decision 2012/829 and Implementing Regulation No 1264/2012 to be maintained as regards Mr Babak Zanjani 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;
Dismisses the action as to the remainder;
Orders the Council of the European Union to bear its own costs and to pay the costs of Mr Babak Zanjani.
________________________1 OJ C 141, 18.5.2013.