CJEU - T 58/12 / Judgment Nabipour and Others v Council

Key facts of the case:
 
Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2011 L 319, p. 71) placed the applicants, Mr Ghasem Nabipour, Mr Mansour Eslami, Mr Mohamad Talai, Mr Mohammad Moghaddami Fard, Mr Alireza Ghezelayagh, Mr Gholam Hossein Golparvar, Mr Hassan Jalil Zadeh, Mr Mohammad Hadi Pajand, Mr Ahmad Sarkandi, Mr Seyed Alaeddin Sadat Rasool and Mr Ahmad Tafazoly, on the list in Annex II to 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). Annex II contains the list of persons referred to in Article 19(1)(b) of Decision 2010/413, which imposes restrictions on admission, and of persons and entities referred to in Article 20(1)(b) of that decision, relating to the freezing of funds.
 
Results (sanctions) and key consequences of the case:
 
THE GENERAL COURT (Fourth Chamber)
 
hereby:
  1. Annuls Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran, in so far as it listed the names of Mr Ghasem Nabipour, Mr Mansour Eslami, Mr Mohamad Talai, Mr Mohammad Moghaddami Fard, Mr Alireza Ghezelayagh, Mr Gholam Hossein Golparvar, Mr Hassan Jalil Zadeh, Mr Mohammad Hadi Pajand, Mr Ahmad Sarkandi, Mr Seyed Alaeddin Sadat Rasool and Mr Ahmad Tafazoly in Annex II to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP;
  2. Annuls Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran, in so far as it listed the names of Mr Nabipour, Mr Eslami, Mr Talai, Mr Fard, Mr Ghezelayagh, Mr Golparvar, Mr Zadeh, Mr Pajand, Mr Sarkandi, Mr Sadat Rasool and Mr Tafazoly in Annex VIII to Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007;
  3. Annuls Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation No 961/2010, in so far as it concerns Mr Nabipour, Mr Eslami, Mr Talai, Mr Fard, Mr Ghezelayagh, Mr Golparvar, Mr Zadeh, Mr Pajand, Mr Sarkandi, Mr Sadat Rasool and Mr Tafazoly; 
  4. Annuls Council Decision 2013/270/CFSP of 6 June 2013 amending Decision 2010/413 in so far as it concerns Mr Fard and Mr Sarkandi;
  5. Orders the effects of Decision 2011/783 and of Decision 2013/270 to be maintained as regards Mr Nabipour, Mr Eslami, Mr Talai, Mr Fard, Mr Ghezelayagh, Mr Golparvar, Mr Zadeh, Mr Pajand, Mr Sarkandi, Mr Sadat Rasool and Mr Tafazoly from their entry into force until the annulment in part of Regulation No 267/2012 takes effect;
  6. Dismisses the action as to the remainder;
  7. Orders the Council of the European Union to bear its own costs and to pay those incurred by Mr Nabipour, Mr Eslami, Mr Talai, Mr Fard, Mr Ghezelayagh, Mr Golparvar, Mr Zadeh, Mr Pajand, Mr Sarkandi, Mr Sadat Rasool and Mr Tafazoly.
Paragraphs referring to EU Charter: 

 

37-38