Judgment of the General Court of 12 June 2013 – HTTS v Council
(Case T-128/12) 1
(Common foreign and security policy – Restrictive measures adopted against Iran in order to prevent nuclear proliferation – Freezing of funds – Manifest error of assessment)
Language of the case: German
Parties
Applicant: HTTS Hanseatic Trade Trust & Shipping GmbH (Hamburg, Germany) (represented by: J. Kienzle and M. Schlingmann, lawyers)
Defendant: Council of the European Union (represented initially by: M. Bishop, Z. Kupčová and F. Naert and subsequently by: Bishop and Z. Kupčová, acting as Agents)
Intervener in support of the defendant (Case T-182/12: Federal Republic of Germany (represented initially by : J. Möller, T. Henze and N. Graf Vitzthum and subsequently by: J. Möller and T. Henze, acting as Agents)
Re:
In Case T-128/12, application for annulment of Council Decision 2012/35/CFSP of 23 January 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2012 L 19, p. 22), in that it listed the applicant’s name on new grounds in Annex II to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran (OJ 2010 L 195, p. 39) and of Council Implementing Regulation (EU) No 54/2012 of 23 January 2012 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran (OJ 2012 L 19, p. 1) in so far as the applicants’ names have been listed on new grounds in 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 (OJ 2010 L 281, p. 1) and, in Case T-182/12, application for annulment of Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Council Regulation (EU) No 961/2010 (OJ 2012 L 88, p. 1), in so far as the applicant’s name has been maintained in the list of persons and entities and bodies whose assets have been frozen.
Operative part of the judgment
The Court:
Joins Cases T-128/12 and T-182/12 for the purposes of the judgment;
Rules that, in Case T-128/12, there is no further need to adjudicate on the application for annulment of Council Implementing Regulation (EU) No 54/2012 of 23 January 2012 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran in so far as it concerns HTTS Hanseatic Trade Trust & Shipping GmbH;
Annuls Council Decision 2012/35/CFSP of 23 January 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran in so far as it has entered the name of HTTS Hanseatic Trade Trust & Shipping in Annex II to Decision 2010/413;
Annuls Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Council Regulation (EU) No 961/2010 in so far as it concerns HTTS Hanseatic Trade Trust & Shipping;
Upholds the effects of Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran, as amended by Decision 2012/35, as regards HTTS Hanseatic Trade Trust & Shipping, since its entry into force on the 20th day following its publication in the Official Journal of the European Union until the annulment in part of Regulation No 267/2012 takes effect;
Orders the Council of the European Union to pay the costs incurred by HTTS Hanseatic Trade Trust & Shipping and to bear its own costs;
Orders the Federal Republic of Germany to bear its own costs.
____________1 OJ C 157, 2.6.2012.