Judgment of the General Court of 15 September 2015 — Iralco v Council
(Case T-158/13) 1
(Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Error of assessment)
Language of the case: English
Parties
Applicant: Iranian Aluminium Co. (Iralco) (Tehran, Iran) (represented by: S. Millar and S. Ashley, Solicitors, M. Lester and M. Happold, Barristers)
Defendant: Council of the European Union (represented by: M. Bishop and I. Rodios, acting as Agents)
Re:
Application for annulment of (i) Council Decision 2012/829/CFSP of 21 December 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2012 L 356, p. 71) in so far as it listed the applicant 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 (ii) Council Implementing Regulation (EU) No 1264/2012 of 21 December 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2012 L 356, p. 55) in so far as it listed the applicant 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).
Operative part of the judgment
The Court:
Annuls Council Decision 2012/829/CFSP of 21 December 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran in so far as it listed Iranian Aluminium Co. (Iralco) 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;
Annuls Council Implementing Regulation (EU) No 1264/2012 of 21 December 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran in so far as it listed Iralco 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;
Orders the effects of Decision 2012/829 to be maintained as regards Iralco until the entry into force of the order to annul Implementing Regulation No 1264/2012;
Orders the Council of the European Union to bear its own costs and to pay those incurred by Iralco.
____________1 OJ C 147, 25.5.2013.