Case T‑110/12
(publication by extracts)
Iranian Offshore Engineering & Construction Co.
v
Council of the European Union
(Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Action for annulment — Time-limit for amendment of the form of order sought — Admissibility — Obligation to state reasons — Manifest error of assessment)
Summary — Judgment of the General Court (Fourth Chamber), 6 September 2013
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 persons concerned
(Art. 263, sixth para., TFEU; Rules of Procedure of the General Court, Art. 102(1) and (2); Council Decision 2010/413/CFSP, Art. 24(3); Council Regulation 267/2012, Annex IX)
2. Judicial proceedings — Application initiating proceedings — Formal requirements — Identification of the subject-matter of the dispute — Brief summary of the pleas in law on which the application is based — Identification of pleas by their substance and not by their formal classification
3. Actions for annulment — Pleas in law — Lack of or inadequate statement of reasons — Plea distinct from that of the lawfulness of the contested decision
(Art. 263, second para., TFEU)
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 — Decision falling within a context known to the person concerned, enabling him to understand the scope of the measure taken in his regard — Admissibility of a summary statement of reasons
(Art. 296 TFEU; Council Decision 2011/783/CFSP, Art. 1; Council Regulations No 1245/2011, Art. 1, and No 267/2012)
5. Common foreign and security policy — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Judicial review of the legality — Obligation to disclose incriminating evidence — Scope
(Council Decision 2011/783/CFSP, Art. 1; Council Regulations No 1245/2011, Art. 1, and No 267/2012)
6. Actions for annulment — Judgment annulling a measure — Effects — Limitation by the Court — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Annulment at two different times of two acts containing identical restrictive measures — Risk of serious undermining of legal certainty — Maintenance of the effects of the first of those acts until the taking effect of annulment of the second
(Arts 264, second para., TFEU and 280 TFEU; Statute of the Court of Justice, Arts 56, first para., and 60, second para.; Council Decision 2010/413/CFSP, as amended by Framework Decision 2011/783/CFSP; Council Regulation No 267/2012, Annex IX)
1. See the text of the decision.
(see paras 16-18, 20, 21)
2. See the text of the decision.
(see para. 29)
3. See the text of the decision.
(see para. 30)
4. See the text of the decision.
(see paras 37-41)
5. Overriding considerations to do with safety or the conduct of the international relations of the Union and of its Member States may preclude the communication to the parties concerned of certain evidence adduced against them and, therefore, the hearing of those parties with regard to such evidence. However, that justified exception to the rights of the defence must be reconciled with the right to effective, independent and impartial judicial review, under which the courts of the European Union must be able review the lawfulness of the measures freezing the funds, without its being possible to raise objections that the evidence and information used by the Council was secret or confidential.
(see paras 52, 53)
6. See the text of the decision.
(see paras 74-78)