19.10.2013

Official Journal of the European Union

C 304/12

(Case T-12/11)(1)

(Common foreign and security policy - Restrictive measures against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Legal basis - Infringement of international law - Obligation to state reasons - Rights of the defence - Right to effective judicial protection - Manifest error of assessment - Right to property - Proportionality - Equal treatment - Non-discrimination)

2013/C 304/22

Language of the case: English

Parties

Applicant: Iran Insurance Company (Tehran, Iran) (represented by: D. Luff, lawyer)

Defendant: Council of the European Union (represented by: M. Bishop and G. Marhic, Agents)

Intervener in support of the defendant: European Commission (represented by: F. Erlbacher and M. Konstantinidis, Agents)

Re:

Application, first, for annulment (i) of 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), as amended by Council Decision 2010/644/CFSP of 25 October 2010 (OJ 2010 L 281, p. 81), and of Annex VIII to Council Regulation (EU) 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), in so far as they concern the applicant; (ii) of the decision in respect of the applicant ‘contained in’ a letter dated 28 October 2010; (iii) of Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413 (OJ 2011 L 319, p. 71) and of Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation No 961/2010 (OJ 2011 L 319, p. 11), in so far as they may affect the applicant’s situation; (iv) of the decision in respect of the applicant ‘contained in’ a letter dated 5 December 2011; (v) of Annex IX to 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 it concerns the applicant; and (vi) of any future regulation or decision of the Council or of the Commission which would supplement or amend any of the measures contested in the present action; and, secondly, for a declaration that the following are inapplicable to the applicant: Articles 12 and 20(1)(b) of Decision 2010/413; Articles 16(2) and 26 of Regulation No 961/2010; Article 1(7) of Council Decision 2012/35/CFSP of 23 January 2012 amending Decision 2010/413 (OJ 2012 L 19, p. 22); Articles 23(2) and 35 of Regulation No 267/2012; Article 1(8) of Council Decision 2012/635/CFSP of 15 October 2012 amending Decision 2010/413 (OJ 2012 L 282, p. 58); Article 1(11) of Council Regulation (EU) No 1263/2012 of 21 December 2012 amending Regulation No 267/2012 (OJ 2012 L 356, p. 34); and Article 1(2) of Council Decision 2012/829/CFSP of 21 December 2012 amending Decision 2010/413 (OJ 2012 L 356, p. 71).

Operative part of the judgment

The Court:

4. Orders the effects of Annex II to Decision 2010/413, as amended by Decision 2010/644 and subsequently by Decision 2011/783, to be maintained as regards Iran Insurance Company until the annulment of Annex IX to Regulation No 267/2012 takes effect, in so far as Annex IX concerns Iran Insurance Company;

5. Orders the Council to bear its own costs and to pay those incurred by Iran Insurance Company;

(1) OJ C 63, 26.2.2011.