This document is an excerpt from the EUR-Lex website
Document 62011CA0072
Case C-72/11: Judgment of the Court (Third Chamber) of 21 December 2011 (reference for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — Criminal proceedings against Mohsen Afrasiabi, Behzad Sahabi, Heinz Ulrich Kessel (Common foreign and security policy — Restrictive measures against the Islamic Republic of Iran to prevent nuclear proliferation — Regulation (EC) No 423/2007 — Article 7(3) and (4) — Supply and installation of a sintering furnace in Iran — Concept of ‘indirectly making available’ an ‘economic resource’ to persons, entities and bodies listed in Annexes IV and V to that regulation — Concept of ‘circumvention’ of the prohibition on making that resource available)
Case C-72/11: Judgment of the Court (Third Chamber) of 21 December 2011 (reference for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — Criminal proceedings against Mohsen Afrasiabi, Behzad Sahabi, Heinz Ulrich Kessel (Common foreign and security policy — Restrictive measures against the Islamic Republic of Iran to prevent nuclear proliferation — Regulation (EC) No 423/2007 — Article 7(3) and (4) — Supply and installation of a sintering furnace in Iran — Concept of ‘indirectly making available’ an ‘economic resource’ to persons, entities and bodies listed in Annexes IV and V to that regulation — Concept of ‘circumvention’ of the prohibition on making that resource available)
Case C-72/11: Judgment of the Court (Third Chamber) of 21 December 2011 (reference for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — Criminal proceedings against Mohsen Afrasiabi, Behzad Sahabi, Heinz Ulrich Kessel (Common foreign and security policy — Restrictive measures against the Islamic Republic of Iran to prevent nuclear proliferation — Regulation (EC) No 423/2007 — Article 7(3) and (4) — Supply and installation of a sintering furnace in Iran — Concept of ‘indirectly making available’ an ‘economic resource’ to persons, entities and bodies listed in Annexes IV and V to that regulation — Concept of ‘circumvention’ of the prohibition on making that resource available)
OJ C 49, 18.2.2012, p. 13–14
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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18.2.2012 |
EN |
Official Journal of the European Union |
C 49/13 |
Judgment of the Court (Third Chamber) of 21 December 2011 (reference for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — Criminal proceedings against Mohsen Afrasiabi, Behzad Sahabi, Heinz Ulrich Kessel
(Case C-72/11) (1)
(Common foreign and security policy - Restrictive measures against the Islamic Republic of Iran to prevent nuclear proliferation - Regulation (EC) No 423/2007 - Article 7(3) and (4) - Supply and installation of a sintering furnace in Iran - Concept of ‘indirectly making available’ an ‘economic resource’ to persons, entities and bodies listed in Annexes IV and V to that regulation - Concept of ‘circumvention’ of the prohibition on making that resource available)
2012/C 49/21
Language of the case: German
Referring court
Oberlandesgericht Düsseldorf
Parties in the main proceedings
Mohsen Afrasiabi, Behzad Sahabi, Heinz Ulrich Kessel
Re:
Reference for a preliminary ruling — Oberlandesgericht Düsseldorf — Interpretation of Article 7(3) and (4) of Council Regulation (EC) No 423/2007 of 19 April 2007 concerning restrictive measures against Iran (OJ 2007 L 103, p. 1) — Delivery of equipment referred to in Annex II of Regulation (EC) No 423/2007 in an unusable condition to an Iranian legal person not referred to in Annexes IV and V of that regulation — Equipment allegedly intended for later production for an entity referred to in those two annexes — Scope of the prohibition on making available economic resources to the persons listed in Annexes IV and V of the aforesaid regulation — Concept of ‘making available indirectly’ — Simultaneous application of the provisions prohibiting the making available of economic resources, on the one hand, and the contravention of the latter prohibition, on the other hand
Operative part of the judgment
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1. |
Article 7(3) of Council Regulation (EC) No 423/2007 of 19 April 2007 concerning restrictive measures against Iran must be interpreted as meaning that the prohibition on indirectly making available an economic resource, within the meaning of Article 1(i) of that regulation, encompasses acts relating to the supply and installation in Iran of a sintering furnace in working condition but not yet ready to use for the benefit of a third party which, acting on behalf, under the control or on the instructions of a person, an entity or a body listed in Annexes IV and V to that regulation, intends to use that furnace to manufacture, for the benefit of such a person, entity or body, goods capable of contributing to nuclear proliferation in that State; |
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2. |
Article 7(4) of Regulation No 423/2007 must be interpreted as meaning that:
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