Order of the General Court of 17 June 2013 – Divandari v Council

(Case T-70/12) ¹

(Common foreign and security policy – Restrictive measures against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Plea of inadmissibility – Lis pendens – Plea of illegality – Removal of the persons concerned from the list – No need to adjudicate)

Language of the case: English

Parties

Applicant: Ali Divandari (Tehran, Iran) (represented by: S. Zaiwalla, P. Reddy and F. Zaiwalla, Solicitors, M. Brindle QC, and R. Blakeley, Barrister)

Defendant: Council of the European Union (represented by: M. Bishop and I. Rodios, acting as Agents)

Re:

Application for (i) annulment 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 No 961/2010 (OJ 2012 L 88, p. 1), in so far as those measures concern the applicant, and (ii) a declaration that 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) and Article 16(2) of Council Regulation 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) are not to apply to the applicant.

Operative part of the order

The action is dismissed as being inadmissible in so far as it seeks a declaration that 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 and 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 are not to apply to the applicant.

The remainder of the plea of inadmissibility is rejected.

There is no need to adjudicate on the action in so far as it seeks the annulment of 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 Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation No 961/2010, in so far as those measures concern the applicant.

The Council shall bear, in addition to its own costs, the applicant’s costs relating to the application for annulment of Decision 2011/783, Implementing Regulation No 1245/2011 and Regulation No 267/2012.

The applicant shall bear his own costs relating to (i) the application for a declaration of inapplicability regarding Article 20(1)(b) of Decision 2010/413 and Article 16(2) of Regulation No 961/2010 and (ii) the objection of inadmissibility.

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¹     OJ C 109, 14.4.2012.