Judgment of the General Court (Fourth Chamber) of 6 September 2013 —
Good Luck Shipping v Council
(Case T‑57/12)
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Manifest error of assessment
1. Judicial proceedings — Decision or regulation replacing the contested measure in the course of proceedings — New factor — Extension of the initial pleadings (see paras 19-22)
2. 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 — Obligation to communicate the reasoning to the person concerned at the same time as the measure adversely affecting him — Limits — Safety of the Union and the Member States or conduct of their international relations — Correction of an error of reasoning during the proceedings before the Court — Not permissible (Art. 296 TFEU; Council Regulations No 961/2010, Art. 36(3), and No 267/12, Art. 46(3); Council Decision 2010/413/CFSP, Art. 24(3)) (see paras 27-31, 48)
3. 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 — Admissibility of a summary statement of reasons (Art. 296 TFEU; Council Regulations No 961/2010, Art. 36(3), and No 267/2012, Art. 46(3); Council Decision 2010/413/CFSP, Art. 24(3)) (see paras 32, 47)
4. 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 — Obligation to specify the participation and support activities carried out by the addressee on behalf of the entities engaged in proliferation — No obligation to state reasons (Art. 296 TFEU; Council Regulations No 961/2010, Art. 16(2)(a), and No 267/12, Art. 23(2)(a) and (e); Council Decision 2010/413/CFSP, Arts 20(1)(b) and 24(2) and (3)) (see paras 39, 40, 42-44, 48)
5. Judicial proceedings — Application initiating proceedings — Formal requirements — Identification of the subject-matter of the dispute — Brief summary of the pleas in law on which the application is based — General reference to pleas and arguments raised by another applicant in the context of a connected case — Inadmissible (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 55-58)
6. Judicial proceedings — Introduction of new pleas during the proceedings — Plea based on matters revealed during the proceedings — Plea raised for the first time at the reply stage — Inadmissibility — Limits — Pleas based on elements revealed during the procedure (Rules of Procedure of the General Court, Art. 48(2)) (see paras 59, 60, 71)
7. European Union — Common foreign and security policy — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Judicial review of the legality — Scope — Obligation to submit concrete elements of evidence and information with a view to their verification (see para. 64)
8. Actions for annulment — Judgment annulling a measure — Effects — Limitation by the Court — Restrictive measures against Iran — Annulment at two different times of two acts containing identical restrictive measures — Risk of legal certainty being seriously affected — Maintenance of the effects of the first of those acts until the taking effect of annulment of the second (Arts 264, second para., TFEU and 280 TFEU; Statute of the Court of Justice, Arts 56, first para., and 60, second para.; Council Regulation No 267/2012; Council Decision 2011/783/CFSP) (see paras 74-76)
Re:
| APPLICATION for annulment of, first, 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), second, 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, third, 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 those provisions concern the applicant. |
Operative part
The Court:
1. | | Annuls the following measures, in so far as they concern Good Luck Shipping LLC: |
– 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 No 961/2010;
2. | | Orders that the effects of Decision 2011/783 be maintained as regards Good Luck Shipping until the annulment of Regulation No 267/2012 takes effect; |
3. | | Orders the Council of the European Union to bear its own costs and to pay the costs incurred by Good Luck Shipping. |