CJEU - C 280/12 P / Judgment Council v Fulmen and Mahmoudian

Key facts of the case:
  1. By its appeal, the Council of the European Union requests the Court of Justice to set aside the judgment of the General Court of the European Union of 21 March 2012 in Joined Cases T‑439/10 and T‑440/10 Fulmen and Mahmoudian v Council [2012] ECR II‑0000 (‘the judgment under appeal’), by which the General Court annulled the following measures in so far as they concern Fulmen and Mr Mahmoudian:
  • 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, and corrigendum OJ 2010 L 197, p. 19);
  • 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 (OJ 2010 L 281, p. 81);
  • Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation No 423/2007 (OJ 2010 L 281, p. 1) (together ‘the acts at issue’); ordered that the effects of Decision 2010/413, as amended by Decision 2010/644, be maintained until the annulment of Regulation No 961/2010 takes effect, and dismissed the action as to the remainder.
The French Republic, the United Kingdom and the Commission, as interveners, shall bear their own costs.
 
Results (sanctions) and key consequences of the case:
 
On those grounds, the Court (Fifth Chamber) hereby:
  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.
Paragraphs referring to EU Charter: 

 

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