Iran Liquefied Natural Gas v Council (Judgment) [2015] EUECJ T-5/13 (18 September 2015)

Iran Liquefied Natural Gas v Council (Judgment) [2015] EUECJ T-5/13 (18 September 2015)

The Council failed to establish that the applicant was a subsidiary of NIOC, as NIOC did not own shares in the applicant directly or indirectly, nor did it control the applicant through its majority shareholder. The only reason for listing the applicant was not substantiated by evidence. Therefore, the contested...

Source-derived case information.

Citation
[2015] EUECJ T-5/13
Parties
Applicant: Iran Liquefied Natural Gas Co.; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Action for Annulment / Final Judgment at General Court (seventh Chamber)
Outcome
Application granted; contested measures annulled as regards the applicant.
Legal Topics
Restrictive Measures, Asset Freezing, Judicial Review, Rights of Defence, Subsidiary Status, Proportionality, Right to Property
European Union Law Sanctions Law Administrative Law Restrictive Measures Asset Freezing Judicial Review Rights of Defence Subsidiary Status +2 more

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Parties

Iran Liquefied Natural Gas Co.

Applicant

Council of the European Union

Respondent

Procedural Posture

Action for Annulment / Final Judgment at General Court (seventh Chamber)

  1. 1 Whether the applicant is a subsidiary of National Iranian Oil Company (NIOC) and thus lawfully listed for restrictive measures
  2. 2 Whether the Council erred in its assessment of the applicant's status
  3. 3 Whether the applicant's rights of defence and right to effective judicial protection were infringed

Ratio Decidendi

The Council failed to establish that the applicant was a subsidiary of NIOC, as NIOC did not own shares in the applicant directly or indirectly, nor did it control the applicant through its majority shareholder. The only reason for listing the applicant was not substantiated by evidence. Therefore, the contested measures must be annulled.

Court Disposition

Application granted; contested measures annulled as regards the applicant.

Orders

  • Annuls Council Decision 2012/635/CFSP of 15 October 2012 and Council Implementing Regulation (EU) No 945/2012 of 15 October 2012 in so far as they list Iran Liquefied Natural Gas Co.
  • Orders the effects of the annulled measures to be maintained until expiry of the appeal period or, if appealed, until dismissal of the appeal.