Oil Pension Fund Investment Company v Council (Judgment) French Text [2015] EUECJ T-121/13 (18 September 2015)

Oil Pension Fund Investment Company v Council (Judgment) French Text [2015] EUECJ T-121/13 (18 September 2015)

None of the grounds for listing the applicant were supported by sufficient evidence available at the time of the contested acts. The Council failed to establish the factual basis for the applicant's inclusion on the sanctions list, rendering the listing unlawful and requiring annulment of the relevant acts.

Source-derived case information.

Citation
[2015] EUECJ T-121/13
Parties
Applicant: Oil Pension Fund Investment Company; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Annulment Proceedings / Final Judgment
Outcome
Application granted; contested acts annulled as regards the applicant, with temporal limitation of effects.
Legal Topics
Restrictive Measures, Sanctions Against Iran, Judicial Review, Rights of Defence, Proportionality, Property Rights
European Union Law International Sanctions Human Rights Restrictive Measures Sanctions Against Iran Judicial Review Rights of Defence Proportionality +1 more

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Summary, issues, holding and outcome

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Parties

Oil Pension Fund Investment Company

Applicant

Council of the European Union

Respondent

Procedural Posture

Annulment Proceedings / Final Judgment

  1. 1 Whether the inclusion of Oil Pension Fund Investment Company on the EU sanctions list was justified and supported by sufficient evidence
  2. 2 Whether the Council violated the obligation to state reasons, rights of defence, and right to effective judicial protection
  3. 3 Whether there was a manifest error of assessment and breach of proportionality and property rights

Ratio Decidendi

None of the grounds for listing the applicant were supported by sufficient evidence available at the time of the contested acts. The Council failed to establish the factual basis for the applicant's inclusion on the sanctions list, rendering the listing unlawful and requiring annulment of the relevant acts.

Court Disposition

Application granted; contested acts annulled as regards the applicant, with temporal limitation of effects.

Orders

  • Annulment of Council Decision 2012/829/PESC insofar as it lists Oil Pension Fund Investment Company in Annex II of Decision 2010/413/PESC.
  • Annulment of Council Implementing Regulation (EU) No 1264/2012 insofar as it lists Oil Pension Fund Investment Company in Annex IX of Regulation (EU) No 267/2012.