Judgment of the General Court (First Chamber) of 3 May 2016 —
Post Bank Iran v Council
(Case T‑68/14)
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Plea of illegality — Article 46(2) of Regulation (EU) No 267/2012 — Article 215 TFEU — Article 20(1)(c) of Decision 2010/413/CFSP, as amended by Article 1(7) of Decision 2012/35/CFSP — Article 23(2)(d) of Regulation No 267/2012 — Fundamental rights — Articles 2 TEU, 21 TEU and 23 TEU — Articles 17 and 52 of the Charter of Fundamental Rights — Error of assessment — Equal treatment — Non-discrimination — Principle of sound administration — Obligation to state reasons — Misuse of powers — Legitimate expectations — Proportionality
1. Actions for annulment — Time-limits — Mandatory — Examination by the EU judicature of its own motion (Art. 263, sixth para., TFEU) (see paras 47, 48)
2. Actions for annulment — Time-limits — Point from which time starts to run — Measure entailing restrictive measures against a person or body — Measure published and notified to the addressees — Date of notification of the measure — Notification to an applicant’s representative — Conditions (Art. 263, sixth para., TFEU; Council Decision 2010/413/CFSP, Art. 24(3); Council Regulation No 267/2012, Art. 46(3)) (see paras 49-57)
3. Common foreign and security policy — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Power of the Council, in the matter of restrictive measures based on Article 215 TFEU, to use the procedure under Article 291(2) TFEU (Arts 215 TFEU and 291(2) TFEU; Council Regulation No 267/2012, Art. 46(2)) (see paras 64-66)
4. Acts of the institutions — Regulations — Regulation concerning the adoption of restrictive measures against Iran — Implementing powers reserved by the Council — Lawfulness — Conditions — Specific and reasoned cases (Arts 215 TFEU and 291(2) TFEU; Council Regulation No 267/2012, Art. 46(2)) (see paras 67-79)
5. European Union — Judicial review of the legality of the acts of the institutions — Restrictive measures against Iran — Measures in the context of the fight against nuclear proliferation — Ambit of the review (Art. 275, second para., TFEU; Charter of Fundamental Rights of the European Union, Art. 47) (see paras 84, 85, 106-110)
6. Common foreign and security policy — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Restriction of the right to property and the free exercise of an economic activity — No breach of principle of proportionality (Charter of Fundamental Rights of the European Union, Arts 17 and 52(1); Council Decision 2010/413/CFSP; Council Regulation No 267/2012) (see paras 98-101)
Re:
| APPLICATION firstly for annulment, under Article 263 TFEU and Article 275 TFEU of Council Decision 2013/661/CFSP of 15 November 2013 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2013 L 306, p. 18) and of 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 concern the applicant, and secondly for a declaration, under Article 277 TFEU, of the inapplicability as regards the applicant of Article 20(1)(c) of Decision 2010/413/CFSP, concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ 2010 L 195, p. 39) as amended by Article 1(7) of Council Decision 2012/35/CFSP of 23 January 2012 (OJ 2012 L 19, p. 22) and of Article 23(2)(d) and Article 46(2) of 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). |
Operative part
The Court:
2. | | Orders Post Bank Iran to pay the costs. |