This document is an excerpt from the EUR-Lex website
Document 62015TJ0346
Judgment of the General Court (First Chamber) of 14 March 2017.
Bank Tejarat v Council of the European Union.
Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Re-listing of the applicant — Obligation to state reasons — Manifest error of assessment — Res judicata — Misuse of powers — Fundamental rights.
Case T-346/15.
Judgment of the General Court (First Chamber) of 14 March 2017.
Bank Tejarat v Council of the European Union.
Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Re-listing of the applicant — Obligation to state reasons — Manifest error of assessment — Res judicata — Misuse of powers — Fundamental rights.
Case T-346/15.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (First Chamber) of 14 March 2017 —
Bank Tejarat v Council
(Case T‑346/15)
(Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Re-listing of the applicant — Obligation to state reasons — Manifest error of assessment — Res judicata — Misuse of powers — Fundamental rights)
1. |
Actions for annulment — Judgment annulling a measure — Effects — Partial annulment of a regulation and a decision entering a certain entity on the list of persons and entities covered by restrictive measures against Iran — Obligation to take a new decision — Scope — Decision not necessarily having to be on the same grounds as those appearing in the annulled measure (Art. 266 TFEU) (see paras 23-25) |
2. |
Actions for annulment — Judgment annulling a measure — Effects — Obligation to implement — Scope — Both the operative part and the grounds of the judgment to be taken into account (Art. 266 TFEU) (see para. 35) |
3. |
EU law — Principles — Rights of defence — Right to effective judicial protection — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Obligation to disclose individual and specific grounds for the decisions adopted — Scope (Charter of Fundamental Rights of the European Union, Art. 47; Council Regulations No 267/2012 and 2015/549; Council Decision 2015/556/CFSP) (see para. 43) |
4. |
Acts of the institutions — Statement of reasons — Obligation — Scope — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Minimum requirements (Art. 296 TFEU; Council Regulations No 267/2012 and 2015/549; Council Decision 2015/556/CFSP) (see paras 53-55) |
5. |
Actions for annulment — Grounds — Lack of or inadequate statement of reasons — Separate ground from the one concerning substantive legality (Arts 263 TFEU and 296 TFEU) (see para. 56) |
6. |
European Union — Judicial review of the legality of the acts of the institutions — Restrictive measures against Iran — Measures in the context of the fight against nuclear proliferation — Ambit of the review (Art. 275, second para., TFEU; Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2015/556/CFSP) (see paras 81, 82) |
7. |
Judicial proceedings — Burden of proof — Documentary evidence — Probative value — Assessment by the EU judicature — Criteria (Rules of Procedure of the Court of Justice, Art. 64; Rules of Procedure of the General Court, Art. 85) (see para. 84) |
8. |
Common foreign and security policy — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Support for the Iranian Government — Concept (Council Regulation No 267/2012; Council Decisions 2010/413/CFSP and 2015/556/CFSP) (see paras 122, 123) |
9. |
Common foreign and security policy — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Prohibition on acquiring prohibited goods and technologies with a view to their use in Iran — Concept — Acquisition of key equipment and technology destined for essential sectors of the oil and natural gas industry in Iran — Included (Council Regulation No 267/2012, Arts 8(1), and 23(2)) (see para. 131) |
10. |
Actions for annulment — Grounds — Misuse of powers — Definition (Art. 263 TFEU) (see para. 138) |
11. |
EU law — Principles — Principle of sound administration — Duty of diligence — Scope (Charter of Fundamental Rights of the European Union, Art. 41) (see para. 139) |
12. |
European Union — Common foreign and security policy — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Nature of those measures — Purely protective measures — No criminal character (Art. 29 TEU; Art. 215(2) TFEU; Council Regulation No 267/2012) (see paras 142, 143) |
13. |
Common foreign and security policy — Restrictive measures against Iran — Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation — Adverse effect on the right to property and reputation — No breach of principle of proportionality (Charter of Fundamental Rights of the European Union, Art. 17; Council Regulation No 267/2012; Council Decisions 2010/413/CFSP, 2012/35/CFSP and 2015/556/CFSP) (see paras 148-150, 154-156, 160) |
Re:
APPLICATION pursuant to Article 263 TFEU for annulment of Council Decision (CFSP) 2015/556 of 7 April 2015 amending Council Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2015 L 92, p. 101), and of Council Implementing Regulation (EU) 2015/549 of 7 April 2015 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2015 L 92, p. 12), in so far as they concern the applicant.
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Bank Tejarat to pay the costs. |