Case T‑63/12

Oil Turbo Compressor Co. (Private Joint Stock)

v

Council of the European Union

(Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Action for annulment — Duty to state reasons)

Summary — Judgment of the General Court (Fourth Chamber), 26 October 2012

1.      European Union — Judicial review of the legality of the acts of the institutions — Restrictive measures against Iran — Ambit of the review — Exclusion of information brought to the knowledge of the institution after the adoption of the contested decision

(Council Decision 2010/413, as amended by Decision 2011/783)

2.      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 — Company, which was classified, in the decision to freeze its funds, as a branch of one of those entities — Company having sold its shares before the adoption of that decision — Annulment of the decision in its regard

(Council Decision 2010/413, as amended by Decision 2011/783)

1.      The judicial review of the lawfulness of a measure whereby restrictive measures are imposed on an entity extends to the assessment of the facts and circumstances relied on as justifying it, and to the evidence and information on which that assessment is based.

The legality of the contested decision may be assessed only on the basis of the elements of fact and law on which it was adopted and not on the basis of information which was brought to the institution’s knowledge after the adoption of that decision, even if the latter takes the view that that information could legitimately be the basis for the adoption of that decision. In short, the Court cannot substitute the grounds on which that decision is based.

(see paras 18, 29)

2.      See the text of the decision.

(see paras 20-27)