19.10.2013

Official Journal of the European Union

C 304/19

(Case T-110/12)(1)

(Common foreign and security policy - Restrictive measures against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Action for annulment - Time-limit for amendment of the form of order sought - Admissibility - Obligation to state reasons - Manifest error of assessment)

2013/C 304/32

Language of the case: Spanish

Parties

Applicant: Iranian Offshore Engineering & Construction Co. (Tehran, Iran) (represented by: J. Viñals Camallonga, L. Barriola Urruticoechea and J. Iriarte Ángel, lawyers)

Defendant: Council of the European Union (represented by: P. Plaza García, V. Piessevaux and G. Ramos Ruano, acting as Agents)

Re:

Application for annulment, first, of Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2011 L 319, p. 71), and, secondly, of Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran (OJ 2011 L 319, p. 11), and 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 acts concern the applicant.

Operative part of the judgment

The Court:

1.Annuls Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran in so far as it included the name of Iranian Offshore Engineering & Construction Co. in Annex II to Decision 2010/413/CFSP concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP;

2.Annuls Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran in so far as it included the name of Iranian Offshore Engineering & Construction in 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;

3.Annuls Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation No 961/2010 in so far as it concerns Iranian Offshore Engineering & Construction;

4.Orders the effects of Decision 2010/413, as amended by Decision 2011/783, to be maintained as regards Iranian Offshore Engineering & Construction, from its entry into force, on the 20th day following its publication in the Official Journal of the European Union, until the annulment in part of Regulation No 267/2012 takes effect;

5.Orders the Council of the European Union to bear its own costs and to pay the costs incurred by Iranian Offshore Engineering & Construction, in the present proceedings and in the proceedings for interim measures.

(1)

OJ C 126, 28.4.2012.