Judgment of the General Court (First Chamber) of 29 April 2015 —
National Iranian Gas Company v Council
(Case T‑9/13)
Common Foreign and Security Policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Objection of illegality — Error of law — Proportionality — Right to property — Jurisdiction of the Council — Obligation to state reasons — Rights of the defence — Review of the restrictive measures adopted — Right to effective judicial protection — Error of assessment
1. Common foreign and security policy — Restrictive measures against Iran — Decision to freeze funds — Judicial review of legality — Scope — Article 20(1)(c) of Decision 2010/413, and Article 1(8) of Decision 2012/635 — Exclusion (Art. 29 TEU; Arts 263, fourth para., TFEU and 275, second para., TFEU; Council Decisions 2010/413/CFSP, Art. 20(1)(c), and 2012/635/CFSP, Art. 1(8)) (see paras 27-30)
2. Actions for annulment — Admissibility criteria — Interest in bringing proceedings — Natural or legal persons — Measures of direct and individual concern to them — Action against an act imposing restrictive measures on the applicant — Public body invoking the protections and guarantees linked to fundamental rights — Question concerning not the admissibility but the foundation of a plea (Arts 263, fourth para., TFEU and 275, second para., TFEU; Council Decision 2012/635/CFSP; Council Regulation No 945/2012) (see paras 32, 33)
3. EU law — Fundamental rights — Scope ratione personae — Legal persons constituting emanations of non-member States — Included — Responsibility of the non-member State for compliance with fundamental rights in its own territory — No effect (Charter of Fundamental Rights of the European Union, Arts 17, 41 and 47) (see paras 37, 39, 41, 42)
4. 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 — Restricted review for general rules — Review extending to assessment of the facts and verification of the evidence for measures applying to specific entities (Art. 29 TEU; Arts 215(2), TFEU and 275, second para., TFEU; Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2010/413/CFSP, Art. 20(1)(c); Council Regulation No 267/2012, Art. 23(2)(d)) (see paras 56, 57, 148-151)
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 — Restricted review for general rules — Criteria for adopting restrictive measures — Support for the Iranian Government — Scope — Compliance with the principle of legal certainty requiring clarity, precision and foreseeability of the effects of legal rules (Council Decisions 2010/413/CFSP, Art. 20(1)(c), 2012/35/CFSP, thirteenth recital, and 2012/635/CFSP, sixteenth recital; Council Regulation No 267/2012, Art. 23(2)(d)) (see paras 57-62, 65-67, 71)
6. Common foreign and security policy — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Restriction of the right to property and the free exercise of an economic activity — No breach of principle of proportionality (Council Decisions 2010/413/CFSP, Art. 20(1)(c), 2012/35/CFSP, thirteenth recital, and 2012/635/CFSP, Art. 1(8); Council Regulation No 267/2012, Art. 23(2)(d)) (see paras 60, 74, 75, 173-177)
7. Common foreign and security policy — Decision adopted in the context of the EU Treaty — Procedural requirements under Article 215(2) TFEU — Not applicable (Art. 29 TEU; Art. 215(2) TFEU; Council Decision 2012/635/CFSP) (see paras 82, 84)
8. Common foreign and security policy — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Power of the Council, in matters concerning restrictive measures based on Article 215 TFEU, to have recourse to the procedure laid down in Article 291(2) TFEU (Arts 215 TFEU and 291(2) TFEU; Council Regulation No 267/2012, Art. 23(2)) (see paras 88-90)
9. Common foreign and security policy — Restrictive measures against Iran — Measures in the context of the fight against nuclear proliferation — Procedure for entry on the list of persons and entities subject to the freezing of funds and economic resources — Choice of legal basis — Regulation No 267/2012 — Compliance with conditions laid down by Article 291 TFEU (Arts 24(1), second para., TEU, 29 TEU and 31(1) TEU; Arts 215 TFEU and 291(2) TFEU; Council Decision 2010/413/CFSP, Annex II; Council Regulation No 267/2012, Arts 23(2), and 46(2)) (see paras 92-97, 102)
10. 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 against him — Whether a summary statement of reasons is sufficient (Art. 296, second para., TFEU; Council Decision 2012/635/CFSP; Council Regulation No 945/2012) (see paras 105-110, 115-120)
11. EU law — Principles — Rights of defence — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Right of access to documents — Right subject to request for access being made to the Council (Council Decision 2012/635/CFSP; Council Regulation No 945/2012) (see para. 126)
12. Common foreign and security policy — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Obligation on the Council to re-examine those measures at regular intervals — Infringement — No impact on the validity of those measures — Conditions — Compliance with the objective of the obligation to re-examine and absence of adverse effects on the position of the entity concerned (Council Decision 2010/413/CFSP, Art. 26(3); Council Regulation No 267/2012, Art. 46(6)) (see paras 133-135, 137-140, 142, 143)
Re:
| First, application for partial annulment of Article 1, point 8, of Council Decision 2012/635/CFSP of 15 October 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2012 L 282, p. 58) and, secondly, application for annulment of Decision 2012/635, of Council Implementing Regulation (EU) No 945/2012 of 15 October 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2012 L 282, p. 16), and of the decision communicated by the Council’s letter of 14 March 2014, in so far as the inclusion of the applicant’s name in Annex II to 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), and in Annex IX to 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) is concerned. |
Operative part
The Court:
2. | | Orders the National Iranian Gas Company to pay the costs. |