Reports of Cases before the Court of Justice and the General Court. Section II, General Court V. 2012-4

About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

2012-4 E.C.R. 1 (2012)

handle is hein.intyb/rrjucfis0147 and id is 1 raw text is:

VRw Reports of Cases

Case T-509/10

Manufacturing Support & Procurement Kala Naft Co., Tehran
V
Council of the European Union

(Common foreign and security policy - Restrictive measures against the Islamic Republic of Iran with
the aim of preventing nuclear proliferation - Freezing of funds - Action for annulment -
Admissibility - Power of the Council - Misuse of power - Entry into force - Non-retroactivity -
Duty to state reasons - Rights of the defence - Right to effective judicial protection - Error of
law - Concept of support for nuclear proliferation - Error of assessment)

Summary of the Judgment

1. European Union - Common foreign and security policy - Restrictive measures against Iran -
Decision to freeze funds - Judicial review of legality - Scope - Article 4 of Decision 2010/413 -
Not included

(Art. 275 TFEU; Council Decision No 2010/413, Art. 4)

2. Acts of the institutions - Choice of legal basis Acts concerning the adoption of restrictive
measures against Iran

(Art. 26(2), first para., TEU)

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 - Minimum requirements

(Art. 296 TFEU; Council Regulations No 423/2007, Art. 15(3), and No 961/2010, Arts 16(2), and
36(3); Council Decision 2010/413, Art. 24(3) and (4))

4. 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 -
Actual conduct supporting such proliferation

(Art. 215(1) TFEU; Council Regulations No 423/2007, Art. 7(2), and No 961/2010, Art. 16(2)(a);
Council Decision 2010/413, Art. 20(1))

1. The prohibition measures laid down by Article 4 of Decision 2010/413, concerning restrictive
measures against Iran and repealing Common Position 2007/140, are of a general nature, their scope
being determined by reference to objective criteria and not by reference to identified natural or legal
persons. Consequently, Article 4 of Decision 2010/413 is not a decision providing for restrictive
measures against natural or legal persons within the meaning of the second paragraph of Article 275
TFEU. Therefore, under the first paragraph of Article 275 TFEU, the Court does not have jurisdiction
to take cognisance of an action seeking to assess the legality of Article 4.

(see paras 37, 39)

ECLJ:EU:T:2012:2011

1