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Case T-207/15: Judgment of the General Court of 14 September 2016 — National Iranian Tanker Company v Council (Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Res judicata — Right to an effective remedy — Error of assessment — Rights of the defence — Right to property — Proportionality)
ECLI:EU:UNKNOWN:62015TA0207
62015TA0207
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24.10.2016
Official Journal of the European Union
C 392/35
(Case T-207/15) (<a id="ntc1-C_2016392EN.01003501-E0001" href="#ntr1-C_2016392EN.01003501-E0001"> (<span class="super note-tag">1</span>)</a>)
((Common foreign and security policy - Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Res judicata - Right to an effective remedy - Error of assessment - Rights of the defence - Right to property - Proportionality))
(2016/C 392/44)
Language of the case: English
Parties
Applicant: National Iranian Tanker Company (Tehran, Iran) (represented by: T. de la Mare QC, M. Lester, J. Pobjoy, Barristers, R. Chandrasekera, S. Ashley and C. Murphy, Solicitors)
Defendant: Council of the European Union (represented initially by N. Rouam and M. Bishop, and subsequently by M. Bishop and A. Vitro, acting as Agents)
Re:
Application under Article 263 TFEU for annulment of Council Decision (CFSP) 2015/236 of 12 February 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2015 L 39, p. 18) and Council Implementing Regulation (EU) No 2015/230 of 12 February 2015 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2015 L 39, p. 3), in so far as those measures concern the applicant, or, in the alternative, application under Article 277 TFEU for a declaration of inapplicability of Article 20(1)(c) of 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 of Article 23(2)(d) of 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), in so far as those provisions apply to the applicant.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders National Iranian Tanker Company and the Council of the European Union to bear their own costs.
(<a id="ntr1-C_2016392EN.01003501-E0001" href="#ntc1-C_2016392EN.01003501-E0001">(<span class="super">1</span>)</a> OJ C 245, 27.7.2015)