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Case T-273/13: Judgment of the General Court of 4 December 2015 — Sarafraz v Council (Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Iran — Freezing of funds — Restrictions on the entry into and transit through European Union territory — Legal base — Obligation to state reasons — Right to be heard — Error of assessment — Ne bis in idem — Freedom of expression — Freedom of the media — Freedom to choose an occupation — Free movement — Right to property)

ECLI:EU:UNKNOWN:62013TA0273

62013TA0273

December 4, 2015
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25.1.2016

Official Journal of the European Union

C 27/31

(Case T-273/13)(1)

((Common foreign and security policy - Restrictive measures directed against certain persons and entities in view of the situation in Iran - Freezing of funds - Restrictions on the entry into and transit through European Union territory - Legal base - Obligation to state reasons - Right to be heard - Error of assessment - Ne bis in idem - Freedom of expression - Freedom of the media - Freedom to choose an occupation - Free movement - Right to property))

(2016/C 027/35)

Language of the case: German

Parties

Applicant: Mohammad Sarafraz (Tehran, Iran) (represented by: initially, T. Walter, then by J.M. Viñals Camallonga, L. Barriola Urruticoechea and J.L. Iriarte Ángel, lawyers)

Defendant: Council of the European Union (represented by: J.-P Hix and Á. de Elera-San Miguel Hurtado, acting as agents)

Intervener in support of the defendant: Stiftung Organisation Justice for Iran (Amsterdam, the Netherlands) (represented by: initially, G. Pulles, then by R. Marx, lawyers)

Re:

Application for the annulment in part, first, of Council Decision 2013/124/CSFP of 11 March 2013 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran (OJ 2013 L 68, p. 57), second, of Council Implementing Regulation (EU) No 206/2013 of 11 March 2013 implementing Article 12(1) of Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran (OJ 2013 L 68, p. 9), third, of Council Decision 2014/205/CFSP of 10 April 2014 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran (OJ 2014 L 109, p. 25), fourth, Council Implementing Regulation (EU) No 371/2014 of 10 April 2014 implementing Article 12(1) of Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran (OJ 2014 L 109, p. 9), fifth, Council Decision (CFSP) 2015/555 of 7 April 2015 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran (OJ 2015 L 92, p. 91), and, sixth, Council Implementing Regulation (EU) 2015/548 of 7 April 2015 implementing Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran (OJ 2015 L 92, p. 1), in so far as those measures concern the applicant.

Operative part of the judgment

The Court:

1.Dismisses the application;

2.Orders Mohammad Sarafraz to pay his own costs and those incurred by the Council of the European Union;

3.Orders Stiftung Organisation Justice for Iran to bear its own costs.

(1) OJ C 207, 20.7.2013.

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