Action brought on 27 December 2012 - NIOC and Others v Council
(Case T-577/12)
Language of the case: French
Parties
Applicants: National Iranian Oil Company PTE Ltd (NIOC) (Singapore, Singapore); National Iranian Oil Company International Affairs Ltd (NIOC International Affairs) (London, United Kingdom); Iran Fuel Conservation Organization (IFCO) (Teheran, Iran); Karoon Oil & Gas Production Co. (Ahwaz, Iran); Petroleum Engineering & Development Co. (PEDEC) (Teheran); Khazar Exploration and Production Co. (KEPCO) (Teheran); National Iranian Drilling Co. (NIDC) (Ahwaz); South Zagros Oil & Gas Production Co. (Shiraz, Iran); Maroun Oil & Gas Co. (Ahwaz); Masjed-Soleyman Oil & Gas Co. (MOGC) (Khouzestan, Iran); Gachsaran Oil & Gas Co. (Ahmad, Iran); Aghajari Oil & Gas Production Co. (AOGPC) (Omidieh, Iran); Arvandan Oil & Gas Co. (AOGC) (Khoramshar, Iran); West Oil & Gas Production Co. (Kermanshah, Iran); East Oil & Gas Production Co. (EOGPC) (Mashhad, Iran); Iranian Oil Terminals Co. (IOTC) (Teheran); Pars Special Economic Energy Zone (PSEEZ) (Boushehr, Iran); et Iran Liquefied Natural Gas Co. (Teheran) (represented by: J.-M. Thouvenin, lawyer)
Defendant: Council of the European Union
Form of order sought
The applicants claim that the Court should:
annul Council Implementing Regulation (EU) No 945/2012 of 15 October 2012, in so far as it concerns the applicants;
annul Council Decision 2012/635/CFSP of 15 October 2012, in so far as it concerns the applicants;
delcare that Regulation (EU) No 267/2012 of 23 March 2012 is inapplicable with regard to them;
declare that Decision 2012/635/CFSP is inapplicable with regard to them;
order the Council to pay the costs.
Pleas in law and main arguments
In support of the action, the applicants rely on seven pleas in law.
First plea in law, alleging a failure to state reasons, in breach of Article 296 TFEU, in so far as the implementing regulation including the applicants in the list of the entities penalised does not expressly state the legal basis on which it was adopted.
Second plea in law, alleging a lack of legal basis, in so far as the legal basis for Implementing Regulation No 945/2012
2 is Regulation No 267/2012, which should be held to be applicable with regard to the applicants inasmuch as, first, Regulation No 267/2012 was adopted in breach of Article 296 TFEU and Article 215 TFEU and, second, Article 23(2)(d) of that regulation, which is the legal basis for including the applicants in the list in Annex XI to Regulation No 267/2012, infringes the Treaties and the Charter of Fundamental Rights of the European Union.
Third, fourth, fifth and sixth pleas in law, alleging that the inclusion of the applicants in the list in Annex IX to Regulation No 267/2012 and the annex to Decision 2012/635/CFSP is invalid, on account, respectively, of (i) an error of law, (ii) an error of fact, (iii) the fact that that inclusion adversely affects the rights of the defence, the right to sound administration and the right to effective judicial protection and (iv) the fact that the inclusion in question is contrary to the principle of proportionality.
Seventh plea in law, alleging that Article 1(8) of Decision 2012/635/CFSP, which is the legal basis for the applicants' inclusion in the lists of entities the subject of restrictive measures, is inapplicable with regard to the applicants, on the ground that that provision is contrary to the Treaties, the Charter of Fundamental Rights and the principle of proportionality.
____________1 - Council Implementing Regulation (EU) No 945/2012 of 15 October 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2012 L 282, p. 16). 2 - 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). 3 - Council Decision 2012/635/CFSP of 15 October 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2012 L 282, p. 58).