Judgment of the General Court of 5 December 2012 - Qualitest v Council
(Case T-421/11)
(Common foreign and security policy - Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Action for annulment - Obligation to state reasons - Manifest error of assessment)
Language of the case: English
Parties
Applicant: Qualitest FZE (Dubai, United Arab Emirates) (represented by: L. Catrain González, lawyer, E. Wright and H. Zhu, Barristers)
Defendant: Council of the European Union (represented by: G. Marhic and R. Liudvinaviciute-Cordeiro, Agents)
Intervener in support of the defendant: European Commission (represented by: S. Boelaert and T. Scharf, Agents)
Re:
Application for annulment in part of Council Decision 2011/299/CFSP of 23 May 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2011 L 136, p. 65), of Council Implementing Regulation (EU) No 503/2011 of 23 May 2011 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran (OJ 2011 L 136, p. 26) and of Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (OJ 2012 L 88, p. 1)
Operative part of the judgment
The Court:
Annuls, in so far as they concern Qualitest FZE:
- Council Decision 2011/299/CFSP of 23 May 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran;
- Council Implementing Regulation (EU) No 503/2011 of 23 May 2011 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran;
- Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010;
Maintains the effects of Decision 2011/299 as regards Qualitest until the annulment of Implementing Regulation No 503/2011 and Regulation No 267/2012 takes effect;
Orders the Council of the European Union to bear its own costs and to pay those incurred by Qualitest;
Orders the European Commission to bear its own costs.
____________1 - OJ C 282, 24.9.2011.