CJEU - C 348/12 P / Judgment

Council v Manufacturing Support & Procurement Kala Naft
Deciding body type
Court of Justice of the European Union
Deciding body
General Court (Fifth Chamber)
Type
Decision
Decision date
28/11/2013

EU Charter of Fundamental Rights

Title V: Citizens' rights

Article 41 - Right to good administration

Title VII: General provisions

Article 52 - Scope and interpretation

Title VI: Justice

Article 47 - Right to an effective remedy and to a fair trial

Title II: Freedoms

Article 16 - Freedom to conduct a business

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  • CJEU - C 348/12 P / Judgment
    Key facts of the case:
     
    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 25 April 2012 in Case T‑509/10 Manufacturing Support & Procurement Kala Naft 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 Manufacturing Support & Procurement Kala Naft Co., Tehran (‘Kala Naft’):
    • 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’);  and 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.

    Results (sanctions) and key consequences of the case:

    The Court (Fifth Chamber) hereby:
    1. Sets aside the judgment of the General Court of the European Union of 25 April 2012 in Case T‑509/10 Manufacturing Support & Procurement Kala Naft v Council;
    2. Dismisses the action for annulment brought by Manufacturing Support & Procurement Kala Naft Co., Tehran;
    3. Orders Manufacturing Support & Procurement Kala Naft Co., Tehran to bear its own costs and to pay those incurred by the Council of the European Union in relation both to the proceedings at first instance and to the appeal proceedings;
    4. Orders the European Commission to bear its own costs both of the proceedings at first instance and of the appeal proceedings.
  • Paragraphs referring to EU Charter

     

    64-73, 123-126