Judgment of the General Court of 4 June 2014 — Sedghi and Azizi v Council
(Case T-66/12) 1
(Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Removal from the list of persons and entities concerned — Action for annulment — Interest in bringing proceedings — Admissibility — Obligation to state reasons — Error of assessment)
Language of the case: English
Parties
Applicants: Ali Sedghi (Tehran, Iran) and Ahmad Azizi (London, United Kingdom) (represented initially by: S. Gadhia, S. Ashley, Solicitors, D. Wyatt QC and M. Lester, Barrister, subsequently by S. Ashley, D. Wyatt, M. Lester, A. Irvine and S. Jeffrey, Solicitors, and finally by S. Ashley, D. Wyatt, M. Lester, A. Irvine and S. Millar, Solicitor)
Defendant: Council of the European Union (represented initially by: M. Bishop, I. Rodios and B. Driessen, and subsequently by M. Bishop and I. Rodios, acting as Agents)
Re:
APPLICATION, principally, for annulment, with immediate effect, of Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2011 L 319, p. 71), Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran (OJ 2011 L 319, p. 11), and 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), in so far as those acts concern the applicants, and, in the alternative, for a declaration that Article 19(1)(b) and Article 20(1)(b) 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), Article 16(2) of 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), and Article 23(2) of Regulation No 267/2012 do not apply to Mr Azizi.
Operative part of the judgment
The Court:
Annuls the following, in so far as they concern Mr Ali Sedghi and Mr Ahmad Azizi:
– Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran;
– Council Implementing Regulation (EU) No 1245/2011 of 1 December 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;
Declares that there is no need to adjudicate on the remainder of the action;
Orders the Council of the European Union to pay the costs.
________________________1 OJ C 109, 14.4.2012.