Judgment of the General Court of 6 September 2013 – Iran Insurance v Council
(Case T-12/11) 1
(Common foreign and security policy – Restrictive measures against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Legal basis – Infringement of international law – Obligation to state reasons – Rights of the defence – Right to effective judicial protection – Manifest error of assessment – Right to property – Proportionality – Equal treatment – Non-discrimination)
Language of the case: English
Parties
Applicant: Iran Insurance Company (Tehran, Iran) (represented by: D. Luff, lawyer)
Defendant: Council of the European Union (represented by: M. Bishop and G. Marhic, Agents)
Intervener in support of the defendant: European Commission (represented by: F. Erlbacher and M. Konstantinidis, Agents)
Re:
Application, first, for annulment (i) of 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), as amended by Council Decision 2010/644/CFSP of 25 October 2010 (OJ 2010 L 281, p. 81), and of Annex VIII to 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), in so far as they concern the applicant; (ii) of the decision in respect of the applicant ‘contained in’ a letter dated 28 October 2010; (iii) of Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413 (OJ 2011 L 319, p. 71) and of Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation No 961/2010 (OJ 2011 L 319, p. 11), in so far as they may affect the applicant’s situation; (iv) of the decision in respect of the applicant ‘contained in’ a letter dated 5 December 2011; (v) of Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation No 961/2010 (OJ 2012 L 88, p. 1), in so far as it concerns the applicant; and (vi) of any future regulation or decision of the Council or of the Commission which would supplement or amend any of the measures contested in the present action; and, secondly, for a declaration that the following are inapplicable to the applicant: Articles 12 and 20(1)(b) of Decision 2010/413; Articles 16(2) and 26 of Regulation No 961/2010; Article 1(7) of Council Decision 2012/35/CFSP of 23 January 2012 amending Decision 2010/413 (OJ 2012 L 19, p. 22); Articles 23(2) and 35 of Regulation No 267/2012; Article 1(8) of Council Decision 2012/635/CFSP of 15 October 2012 amending Decision 2010/413 (OJ 2012 L 282, p. 58); Article 1(11) of Council Regulation (EU) No 1263/2012 of 21 December 2012 amending Regulation No 267/2012 (OJ 2012 L 356, p. 34); and Article 1(2) of Council Decision 2012/829/CFSP of 21 December 2012 amending Decision 2010/413 (OJ 2012 L 356, p. 71).
Operative part of the judgment
The Court:
Declares the action inadmissible, in so far as it seeks the annulment of any future regulation or decision of the Council of the European Union or of the European Commission which would supplement or amend any of the measures contested in the present action;
Declares that there is no need to adjudicate on the claim for annulment of the decisions in respect of Iran Insurance Company ‘contained in’ the letters from the Council dated 28 October 2010 and 5 December 2011, or on the plea of inadmissibility raised by the Council, supported by the Commission, solely in respect of the claim for annulment of the decision regarding Iran Insurance Company ‘contained in’ the letter from the Council dated 28 October 2010;
Annuls, in so far as they concern Iran Insurance Company, Annex II to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP, as amended by Council Decision 2010/644/CFSP of 25 October 2010; Annex VIII to Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007; Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413; Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation No 961/2010; and Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation No 961/2010;
Orders the effects of Annex II to Decision 2010/413, as amended by Decision 2010/644 and subsequently by Decision 2011/783, to be maintained as regards Iran Insurance Company until the annulment of Annex IX to Regulation No 267/2012 takes effect, in so far as Annex IX concerns Iran Insurance Company;
Orders the Council to bear its own costs and to pay those incurred by Iran Insurance Company;
Orders the Commission to bear its own costs.
________________________1 OJ C 63, 26.2.2011.