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Language of document : ECLI:EU:T:2013:400

Judgment of the General Court (Fourth Chamber) of 6 September 2013 —
Export Development Bank of Iran v Council

(Joined Cases T‑4/11 and T‑5/11)

Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Error of assessment

1. Judicial proceedings — Decision replacing in the course of proceedings a contested decision since withdrawn — Admissibility of new pleas — Limits — Hypothetical acts not yet adopted (see para. 32)

2. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Council Regulations adopted in the context of the Common Foreign and Security Policy and providing for restrictive measures against Iran — Acts comprising implementing measures within the meaning of Article 263, fourth paragraph, TFEU — Person concerned not affected directly and individually — Inadmissibility (Arts 263, fourth para., TFEU and 275 TFEU; Council Regulations No 961/2010 and No 267/2012) (see paras 36, 40-43)

3. Judicial proceedings — Decision or regulation replacing the contested measure in the course of proceedings — New factor — Extension of the initial pleadings (see paras 48-51)

4. EU law — Fundamental rights — Scope ratione personae — Legal persons constituting emanations of non-member States — Included — Responsibility of the non-member State for compliance with fundamental rights on its own territory — Irrelevant (Charter of Fundamental Rights of the European Union, Arts 17, 41 and 47) (see paras 58, 61-63)

5. Acts of the institutions — Statement of reasons — Obligation — Scope — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Obligation to communicate the reasoning to the person concerned at the same time as the measure adversely affecting him or immediately thereafter — Limits — Safety of the Union and the Member States or conduct of their international relations (Art. 296, second para., TFEU, Council Decision 2010/413/CFSP, Art. 24(3), Council Regulations No 423/2007, Art. 15(3), No 961/2010, Art. 36(3), and No 267/2012, Art. 46(3)) (see paras 70-72, 75, 76)

6. Acts of the institutions — Statement of reasons — Obligation — Scope — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Obligation to specify the participation and support activities carried out by the addressee on behalf of the entities engaged in proliferation — Excessively vague reasons — Fact insufficient to entail the annulment of the contested measures (Art. 296, second para., TFEU; Council Decision 2010/413/CFSP, Art. 24(3); Council Regulations No 423/2007, Art. 15(3), No 961/2010, Art. 36(3), and No 267/2012, Art. 46(3)) (see paras 70-72, 93-95, 102, 103)

7. EU law — Principles — Rights of defence — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Obligation to communicate the incriminating evidence at the same time as the adoption of the measure affecting those parties, or immediately thereafter — Persons concerned taking a position following the adoption of the contested measures — Compliance with the right to be heard, save for excessively vague reasons (Council Decision 2010/413/CFSP; Council Regulations No 961/2010 and No 267/2012) (see paras 73-76, 107, 108, 113)

8. EU law — Principles — Right to effective judicial protection — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Obligation to communicate the incriminating evidence at the same time as the adoption of the measure affecting those parties, or immediately thereafter — Compliance with the right to effective legal protection by means of communication of precise reasons, with the exception of excessively vague reasons (Charter of Fundamental Rights of the European Union, Art. 47) (see paras 77, 111-113)

9. Common foreign and security policy — Restrictive measures taken against Iran in the context of the fight against nuclear proliferation — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Scope — Assessment of the facts and verification of the evidence — Error of assessment by the Council as to the adoption of restrictive measures (Council Decision 2010/413/CFSP, Annex II; Council Regulations No 961/2010, Annex VIII, No 1245/2011 and No 267/2012, Annex IX) (see paras 118, 120-122, 124)

10. Actions for annulment — Judgment annulling a measure — Effects — Partial annulment of a regulation and a decision on the adoption of restrictive measures against Iran — Annulment of regulation to take effect only as from the date of expiry of the period for bringing an appeal or from the date of dismissal of the appeal — Application of that period to when the annulment of the decision is to take effect (Arts 264, second para., TFEU and 280 TFEU; Statute of the Court of Justice, Art. 60, second para.; Council Decision 2010/413/CFSP, Annex II; Council Regulation No 267/2012, Annex IX) (see paras 127, 128)

11. Actions for annulment — Judgment annulling a measure — Effects — Limitation by the Court — Restrictive measures against Iran — Annulment at two different times of two acts containing identical restrictive measures — Risk of legal certainty being seriously affected — Maintenance of the effects of the first of those acts until the taking effect of annulment of the second (Art. 264, second para., TFEU; Statute of the Court of Justice, Arts 56, first para., and 60, second para.; Council Decision 2010/413/CFSP, Annex II; Council Regulation No 267/2012, Annex IX) (see paras 129, 130)

Re:

APPLICATION for (i) a declaration that 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) is inapplicable to the applicant; (ii) annulment of Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007 (OJ 2010 L 281, p. 1), 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), and Council Regulation (EU) No 1263/2012 of 21 December 2012 amending Regulation No 267/2012 (OJ 2012 L 356, p. 34), and of all future regulations which might supplement or replace those regulations pending final judgment in the action, in so far as those acts concern the applicant; (iii) annulment of Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413 (OJ 2010 L 281, p. 81), Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413 (OJ 2011 L 319, p. 71), Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation No 961/2010 (OJ 2011 L 319, p. 11), and Council Decision 2012/829/CFSP of 21 December 2012 amending Decision 2010/413 (OJ 2012 L 356, p. 71), and of all future measures which might supplement or replace those measures pending final judgment in the action, in so far as those measures concern the applicant; and (iv) annulment of the decisions contained in the letters of 28 October 2010 and 5 December 2011.

Operative part

The Court:

Annuls the following measures in so far as they concern Export Development Bank of Iran:

– Annex II to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP, as amended by Council Decision 2010/644/CFSP of 25 October 2010, and subsequently by Council Decision 2011/783/CFSP of 1 December 2011;

– Decision 2010/644;

– Annex VIII to Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007, as amended by Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation No 961/2010;

– Decision 2011/783;

– Implementing Regulation No 1245/2011;

– Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation No 961/2010;

Orders the effects of Annex II to Decision 2010/413, as amended by Decision 2010/644 and subsequently by Decision 2011/783, to be maintained as regards Export Development Bank of Iran until the annulment of Annex IX to Regulation No 267/2012 takes effect, in so far as it concerns Export Development Bank of Iran;

Declares that there is no need to adjudicate on the application for a declaration that Decision 2010/413 is not applicable to Export Development Bank of Iran;

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 Export Development Bank of Iran;

Orders the European Commission to bear its own costs.