NIOC and Others v Council (Judgment) French Text [2016] EUECJ C-595/15 (22 September 2016)

NIOC and Others v Council (Judgment) French Text [2016] EUECJ C-595/15 (22 September 2016)

The Court held that the Council had a proper legal basis for adopting the contested restrictive measures under Regulation (EU) No 945/2012 and Decision 2012/635/PESC, that the reservation of implementing powers under Article 291(2) TFEU was justified by the need for coherence and rapidity in sanctions...

Source-derived case information.

Citation
[2016] EUECJ C-595/15
Parties
Appellant: National Iranian Oil Company PTE Ltd (NIOC) and Others; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Restrictive Measures, Sanctions Against Iran, Judicial Review, Legal Basis of EU Acts, Interpretation of EU Regulations
European Union Law Sanctions Law Administrative Law Restrictive Measures Sanctions Against Iran Judicial Review Legal Basis of EU Acts Interpretation of EU Regulations

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Summary, issues, holding and outcome

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Parties

National Iranian Oil Company PTE Ltd (NIOC) and Others

Appellant

Council of the European Union

Respondent

Procedural Posture

Appeal / Final Judgment

  1. 1 Whether the Council had a proper legal basis for adopting restrictive measures against the appellants under Regulation (EU) No 945/2012 and Decision 2012/635/PESC;
  2. 2 Whether the criteria for listing entities as 'associated' with those supporting the Iranian government are sufficiently clear and predictable;
  3. 3 Whether the Council's reservation of implementing powers under Article 291(2) TFEU was justified;

Ratio Decidendi

The Court held that the Council had a proper legal basis for adopting the contested restrictive measures under Regulation (EU) No 945/2012 and Decision 2012/635/PESC, that the reservation of implementing powers under Article 291(2) TFEU was justified by the need for coherence and rapidity in sanctions implementation, and that the criteria for listing entities as 'associated' were sufficiently clear and predictable. The appellants' rights of defence and legal certainty were not violated.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed in its entirety.
  • The appellants are ordered to pay the costs.