Case T‑565/12
National Iranian Tanker Company
v
Council of the European Union
(Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Error of assessment — Adjustment of the temporal effects of an annulment)
Summary — Judgment of the General Court (Seventh Chamber, Extended Composition), 3 July 2014
1. 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 — Whether a summary statement of reasons is sufficient
(Art. 296 TFEU; Council Decision 2012/635/CFSP; Council Regulation No 945/12)
2. Actions for annulment — Grounds — Lack of or inadequate statement of reasons — Separate ground from the one concerning substantive legality
(Arts 263 TFEU and 296 TFEU)
3. 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
(Arts 263 TFEU and 296 TFEU; Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2012/635/CFSP; Council Regulation No 945/2012)
4. Common foreign and security policy — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Conduct corresponding to support for such proliferation — None
(Council Decision 2012/635/CFSP; Council Regulation No 945/2012)
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 — Assessment of the legality by reference to the information available at the time of adoption of the decision
(Arts 263 TFEU and 296 TFEU; Council Decision 2012/635/CFSP; Council Regulation No 945/2012)
6. EU law — Principles — Rights of defence — Right to effective judicial protection — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Obligation to communicate new inculpatory evidence — Scope
(Council Decision 2012/635/CFSP; Council Regulation No 945/2012)
7. Actions for annulment — Judgment annulling a measure — Effects — Partial annulment of a regulation and a decision on the adoption of restrictive measures against Iran — Such annulment taking effect as from the expiry of the time-limit for lodging an appeal or from the dismissal of the latter
(Arts 264 TFEU and 266 TFEU; Statute of the Court of Justice, Arts 56, first para., and 60, second para.; Council Decision 2012/635/CFSP; Council Regulation No 945/2012)
1. See the text of the decision.
(see paras 35-39, 43, 45, 47)
2. See the text of the decision.
(see para. 46)
3. See the text of the decision.
(see paras 55-57)
4. Decision 2012/635, amending Decision 2010/413 concerning restrictive measures against Iran and implementing Regulation No 945/2012, implementing Regulation No 267/2012 concerning the adoption of restrictive measures against Iran lay down the criterion of the provision of financial support to the Government of Iran, not the criterion of the provision of indirect financial support.
In that regard, it is important that the information or evidence produced support the grounds adopted against the person concerned. According to the case-law, the legality of contested acts may be assessed only on the basis of the elements of fact and law on the basis of which they were adopted. The mere fact that, through its transport business, the applicant is involved in the Iranian oil and gas sector, which represents one of the Government of Iran’s main sources of revenue, cannot be regarded as being covered by the legal criterion of provision of financial support to the Government of Iran.
(see paras 57, 58, 60)
5. See the text of the decision.
(see paras 58, 62)
6. See the text of the decision.
(see para. 62)
7. The nuclear programme pursued by the Islamic Republic of Iran is a source of serious concerns at both the international and European levels. That is the background to the Council’s gradual extension of the number of restrictive measures adopted against that State, in order to hinder the development of activities which jeopardise peace and international security, in the context of implementation of Security Council resolutions.
Consequently, the adjustment of the temporal effects of the annulment of a restrictive measure may be justified by the need to ensure that the restrictive measures are effective and, in short, by overriding considerations to do with security or the conduct of the international relations of the European Union and of its Member States. The annulment with immediate effect of fund-freezing measures with a view to preventing nuclear proliferation would enable the applicant to transfer all or part of its assets outside the European Union, and consequently the effectiveness of any freezing of assets in relation to the applicant which might, in the future, be decided on by the Council might be seriously and irreversibly prejudiced.
(see paras 74-77, operative part 3)