Official Journal of the European Union

C 165/18

(Case T-509/10)(1)

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

2012/C 165/31

Language of the case: French

Parties

Applicant: Manufacturing Support & Procurement Kala Naft Co., Tehran (Tehran, Iran) (represented by: F. Esclatine and S. Perrotet, lawyers)

Defendant: Council of the European Union (represented by: M. Bishop and R. Liudvinaviciute-Cordeiro, Agents)

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

Re:

Application for annulment 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), Council implementing Regulation (EU) No 668/2010 of 26 July 2010 implementing Article 7(2) of Regulation (EC) No 423/2007 concerning restrictive measures against Iran (OJ 2010 L 195, p. 25), Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413/CFSP concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ 2010 L 281, p. 81) and 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 those acts concern the applicant.

Operative part of the judgment

The Court:

1.Declares that it does not have jurisdiction to give a ruling on the second part of the first plea;

2.Annuls, as far as they concern Manufacturing Support & Procurement Kala Naft Co. Tehran:

—Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP

—Council implementing Regulation (EU) No 668/2010 of 26 July 2010 implementing Article 7(2) of Regulation (EC) No 423/2007 concerning restrictive measures against Iran

—Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413/CFSP concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP

—Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007

3.Declares that the effects of Decision 2010/413, as amended by Decision 2010/644, are to be maintained as far as concerns Manufacturing Support & Procurement Kala Naft Co. Tehran from its entry into force on the 20th day following its publication in the Official Journal of the European Union until the annulment of regulation No 961/2010 takes effect.

4.Orders the Council of the European Union to bear its own costs and to by those incurred by Manufacturing Support & Procurement Kala Naft Co. Tehran.

5.Orders the European Commission to bear its own costs.

(1)

OJ C 346, 18.12.2010.