HTTS v Council (Opinion) French Text [2019] EUECJ C-123/18P_O (05 March 2019)

HTTS v Council (Opinion) French Text [2019] EUECJ C-123/18P_O (05 March 2019)

The Tribunal erred in law by assessing the existence of a sufficiently serious breach of EU law based on evidence and information not available to the Council at the time of the contested measures, and by applying an incorrect legal standard. The correct assessment must be based on the situation at the time of the...

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Citation
[2019] EUECJ C-123/18P_O
Parties
Applicant: HTTS Hanseatic Trade Trust & Shipping GmbH; Respondent: Council of the European Union; Intervener: European Commission
Jurisdiction
European Union
Procedural Posture
Appeal / Opinion of Advocate General
Outcome
Annulment and remittal
Legal Topics
Restrictive Measures, Extracontractual Liability, Effective Judicial Protection, Obligation to State Reasons, Iran Sanctions
European Union Law International Sanctions Administrative Law Restrictive Measures Extracontractual Liability Effective Judicial Protection Obligation to State Reasons Iran Sanctions

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Parties

HTTS Hanseatic Trade Trust & Shipping GmbH

Applicant

Council of the European Union

Respondent

European Commission

Intervener

Procedural Posture

Appeal / Opinion of Advocate General

  1. 1 Whether the Tribunal erred in law by considering evidence and information not available to the Council at the time of the contested measures when assessing a sufficiently serious breach of EU law
  2. 2 Whether the Tribunal applied an incorrect standard ('flagrant and inexcusable' instead of 'manifest and serious') for breach
  3. 3 Whether subsequent evidence can justify restrictive measures retroactively

Ratio Decidendi

The Tribunal erred in law by assessing the existence of a sufficiently serious breach of EU law based on evidence and information not available to the Council at the time of the contested measures, and by applying an incorrect legal standard. The correct assessment must be based on the situation at the time of the act, and subsequent evidence cannot retroactively justify restrictive measures. The Tribunal's reasoning was vitiated by this error, requiring annulment and remittal.

Court Disposition

Annulment and remittal

Orders

  • The judgment of the General Court of 13 December 2017 (T-692/15, EU:T:2017:890) is annulled.
  • The case is remitted to the General Court for further consideration.