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Case C-280/12 P: Judgment of the Court (Fifth Chamber) of 28 November 2013 — Council of the European Union v Fulmen, Fereydoun Mahmoudian, European Commission (Appeal — Restrictive measures against the Islamic Republic of Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to substantiate the measure)
ECLI:EU:UNKNOWN:62012CA0280
62012CA0280
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15.2.2014
Official Journal of the European Union
C 45/10
(Case C-280/12 P) (<span class="super">1</span>)
(Appeal - Restrictive measures against the Islamic Republic of Iran with the aim of preventing nuclear proliferation - Freezing of funds - Obligation to substantiate the measure)
2014/C 45/17
Language of the case: French
Parties
Appellant: Council of the European Union (represented by: M. Bishop and R. Liudvinaviciute-Cordeiro, Agents)
Other parties to the proceedings: Fulmen, Fereydoun Mahmoudian (represented by: A. Kronshagen and C. Hirtzberger, avocats), European Commission (represented by: M. Konstantinidis, Agent)
Interveners in support of the appellant: United Kingdom of Great Britain and Northern Ireland (represented by: J. Beeko and A. Robinson, Agents, and by S. Lee, Barrister), French Republic (represented by: E. Ranaivoson and D. Colas, Agents)
Re:
Appeal against the judgment of the General Court (Fourth Chamber) of 21 March 2012 in Joined Cases T-439/10 and T-440/10 Fulmen and Mahmoudian v Council, by which that Court dismissed an 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), of 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), of Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413 (OJ 2010 L 281, p. 81), and of 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) — Specific restrictive measures against the Islamic Republic of Iran with the aim of preventing nuclear proliferation — Freezing of funds — Error of law — Error of assessment — Burden of proof
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders the Council of the European Union to pay the costs;
3.Orders the French Republic, the United Kingdom of Great Britain and Northern Ireland and the European Commission to bear their own costs.
(<span class="super">1</span>) OJ C 235, 4.8.2012.