Judgment of the General Court (Fourth Chamber) of 16 September 2013 —
Bank Kargoshaei and Others v Council
(Case T‑8/11)
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 — Legitimate expectations — Review of the restrictive measures adopted — Error of assessment — Equal treatment — Legal basis — Essential procedural requirements — Proportionality — Right to property
1. Judicial proceedings — Measures repealing and replacing the contested measure in the course of proceedings — Application to amend pleas for annulment formulated in the course of the proceedings — Time-limit for the submission of such an application — Point from which time starts to run — Date of communication of the new measure to the parties concerned (Art. 263, sixth para., TFEU; Council Decision 2011/783/CFSP; Council Regulations No 1245/2011 and No 267/2012) (see paras 38, 40-42)
2. Judicial proceedings — Decision replacing the contested measure in the course of proceedings withdrawn in the meantime — Admissibility of new pleas — Limits — Hypothetical acts not yet adopted (see para. 47)
3. 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 51, 53, 55, 58)
4. 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 — Right of access to documents subject to a request in that behalf to the Council (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 62-64, 67, 68, 82, 83, 89)
5. European Union — Judicial review of the legality of the acts of the institutions — Restrictive measures taken against Iran in the context of the fight against nuclear proliferation — Freezing of funds of persons, entities or organisations 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 (see para. 69)
6. EU law — Principles — Rights of defence — Restrictive measures taken against Iran in the context of the fight against nuclear proliferation — No right to a prior formal hearing (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 para. 96)
7. 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 — Burden of proof — Decision based on information supplied by Member States and not communicable to the EU judicature — Not permissible (Council Decisions 2010/644/CFSP and 2011/783/CFSP; Council Regulations No 423/2007, No 961/2010 and No 267/2012) (see paras 113, 114, 116, 117)
8. Common foreign and security policy — Restrictive measures taken against Iran in the context of the fight against nuclear proliferation — Scope — Funds and resources of an establishment established in a non-Member State — Not included — Limits — Funds involved in business transactions carried out wholly or in part within the Union (Council Regulations No 423/2007, Art. 18, No 961/2010, Art. 39, and No 267/2012, Art. 49) (see paras 125-127)
9. Common foreign and security policy — Restrictive measures taken against Iran in the context of the fight against nuclear proliferation — Choice of legal basis — Article 215 TFEU rather than Article 75 TFEU taken as basis (Arts 75 TFEU and 215 TFEU; Council Decision 2010/644/CFSP; Council Regulation No 961/2010) (see paras 154-157, 160-168)
10. Common foreign and security policy — Restrictive measures taken against Iran in the context of the fight against nuclear proliferation — Choice of legal basis — Measures going beyond those decided upon by the United Nations Security Council — Irrelevant — No infringement of the principle of proportionality (Art. 29 TEU; Art. 215 TFEU; Council Decision 2010/413/CFSP) (see paras 163, 175-177)
11. Common foreign and security policy — Decision adopted in the context of the EU Treaty — No obligation on the Council to adopt measures restricting implementation (Art. 29 TEU; Art. 215 TFEU; Council Decision 2010/413/CFSP; Council Regulation No 961/2010) (see paras 186, 187, 190)
Re:
| APPLICATION, first, for annulment in part of Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413/CFSP concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ 2010 L 281, p. 81); 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); of Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413/CFSP (OJ 2011 L 319, p. 71); of Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation No 961/2010 (OJ 2011 L 319, p. 11); and of 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, secondly, for annulment of any future regulation or decision in force as at the date of closure of the oral procedure which supplements or amends any of the contested measures. |
Operative part
The Court:
2. | | Orders the Council of the European Union to bear its own costs and to pay those incurred by Bank Kargoshaei, Bank Melli Iran Investment Company, Bank Melli Iran Printing and Publishing Company, Cement Investment & Development Co., Mazandaran Cement Company, Melli Agro-chemical Company and Shomal Cement Co.; |
3. | | Orders the European Commission to bear its own costs. |