Judgment of the General Court of 21 March 2012 - Fulmen and Mahmoudian v Council
(Joined Cases T-439/10 and T-440/10)
(Common foreign and security policy - Restrictive measures against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Actions for annulment - Obligation to state reasons - Rights of the defence - Right to effective judicial protection - Error of assessment - Burden and standard of proof)
Language of the case: French
Parties
Applicants: Fulmen (Teheran, Iran) and Fereydoun Mahmoudian (Teheran) (represented by: A. Kronshagen, lawyer)
Defendant: Council of the European Union (represented by: M. Bishop and R. Liudvinaviciute-Cordeiro, acting as Agents)
Intervener in support of the defendant: European Commission (represented by: M. Konstantinidis and É. Cujo, acting as Agents)
Re:
Application for annulment of 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), Council Implementing Regulation (EU) No 668/2010 of 26 July 2010 implementing Article 7(2) of Regulation (EC) No 423/2007 concerning restrictive measures against Iran (OJ 2010 L 195, p. 25), and Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413 (OJ 2010 L 281, p. 81), and 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), in so far as those measures concern the applicants, and, further, an application for recognition of the damage suffered by the applicants due to the adoption of the abovementioned measures.
Operative part of the judgment
The General Court:
annuls, in so far as they concern Fulmen and Mr Fereydoun Mahmoudian:
Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP,
Council Implementing Regulation (EU) No 668/2010 of 26 July 2010 implementing Article 7(2) of Regulation (EC) No 423/2007 concerning restrictive measures against Iran,
Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413 and
Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation No 423/2007;
orders the effects of Decision 2010/413, as amended by Decision 2010/644, to be maintained as regards Fulmen and Mr Mahmoudian until the annulment of Regulation No 961/2010 takes effect;
dismisses the action as to the remainder;
orders the Council of the European Union to bear its own costs and to pay the costs incurred by Fulmen and by Mr Mahmoudian;
orders the European Commission to bear its own costs.
____________1 - OJ C 328, 4.12.2010.