Sharif University of Technology v Council of the European Union.

• Jurisdiction: European Union
• Celex Number: 62016CO0385
• ECLI: ECLI:EU:C:2017:258
• Court: Court of Justice (European Union)
• Docket Number: C-385/16
• Date: 04 April 2017
• Procedure Type: Recurso por responsabilidad

ORDER OF THE COURT (Seventh Chamber)

4 April 2017 (*)

(Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Restrictive measures against the Islamic Republic of Iran — List of persons and entities subject to the freezing of funds and economic resources — Criterion relating to the material, logistical or financial support to the Government of Iran — Cooperation in research and technological development in military or military-related fields)

In Case C‑385/16 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 11 July 2016,

Sharif University of Technology, established in Tehran (Iran), represented by M. Happold, Barrister,

appellant,

the other party to the proceedings being:

Council of the European Union, represented by V. Piessevaux and M. Bishop, acting as Agents,

defendant at first instance,

THE COURT (Seventh Chamber),

Composed of A. Prechal, President of the Chamber, A. Rosas (Rapporteur) and C. Toader, judges,

Advocate General: M. Wathelet,

Registrar: A. Calot Escobar,

having regard to the written procedure,

having regard to the decision taken, after hearing the Advocate General, to give a decision on the action by reasoned order, pursuant to Article 181 of the Rules of Procedure of the Court of Justice,

makes the following

Order

1 By its appeal, Sharif University of Technology, established in Tehran (Iran), asks the Court to set aside the judgment of the General Court of the European Union of 28 April 2016, Sharif University of Technology v Council (T‑52/15, ‘the judgment under appeal’, EU:T:2016:254), by which the General Court dismissed its actions, seeking, first, annulment of Council Decision 2014/776/CFSP of 7 November 2014 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2014 L 325, p. 19), in so far as it includes the appellant’s name on the list in Annex II to 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 annulment of Council Implementing Regulation (EU) No 1202/2014 of 7 November 2014 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2014 L 325, p. 3), in so far as it includes the appellant’s name on the list in Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EC) No 961/2010 (OJ 2012 L 88, p. 1) (together, ‘the acts at issue’), and, second, damages.

Background to the dispute

2 Concerned by the numerous reports of the Director-General of the International Atomic Energy Agency (IAEA) and the resolutions of the IAEA Board of Governors on the nuclear programme of the Islamic Republic of Iran, which suggest that that State was not observing the Treaty on the Non-Proliferation of Nuclear Weapons, opened for signature on 1 July 1968 in London, Moscow and Washington (United Nations Treaty Series, vol. 729, p. 161) and to which it was a contracting party, the United Nations Security Council (‘the Security Council’), on 23 December 2006, adopted Resolution 1737 (2006). Point 12 of that resolution, read in conjunction with the annex thereto, lists a series of persons and entities allegedly involved in nuclear proliferation in Iran and whose funds and economic resources should be frozen.

3 Other resolutions were adopted subsequently, such as Resolutions 1747 (2007) and 1803 (2008), in order to extend the scope of the restrictive measures introduced by the Security Council. On 9 June 2010, that Council adopted Resolution 1929 (2010) introducing additional restrictive measures against the Islamic Republic of Iran.

4 On 17 June 2010, the European Council underlined its deepening concern about Iran’s nuclear programme and welcomed the adoption of Resolution 1929 (2010) adopted by the Security Council. The European Council invited the Council of the European Union to adopt measures implementing those contained in that resolution as well as accompanying measures, with a view to supporting the resolution of all outstanding concerns regarding the Islamic Republic of Iran’s development of sensitive technologies in support of its nuclear and ballistic missile programmes, through negotiation. Those measures were to focus on the areas of trade, the financial sector, the Iranian transport sector, key sectors in the oil and gas industry and additional designations, in particular for the Islamic Revolutionary Guards Corps (‘the IRGC’).

5 On 26 July 2010 the Council adopted Decision 2010/413, Annex II to which lists the persons and entities — other than those designated by the Security Council or by the Sanctions Committee created by Resolution 1737 (2006) mentioned in Annex I — whose assets were to be frozen.

6 On 23 January 2012, the Council adopted Decision 2012/35/CFSP amending Decision 2010/413 (OJ 2012 L 19, p. 22). According to recital 13 of Decision 2012/35, the restrictions on admission and the freezing of funds and economic resources were to be applied to additional persons and entities providing support to the Government of Iran allowing it to pursue proliferation-sensitive nuclear activities or the development of nuclear weapon delivery systems, in particular persons and entities providing financial, logistical or material support to the Government of Iran.

7 Article l(7)(a)(ii) of Decision 2012/35 added the following provision to Article 20(1) of Decision 2010/413, which provides that the restrictive measures are aimed at:

‘(c) other persons and entities not covered by Annex I that provide support to the Government of Iran, and persons and entities associated with them, as listed in Annex II.’

8 Consequently, under the FEU Treaty, the Council adopted Regulation No 267/2012. In order to implement Article l(7)(a)(ii) of Decision 2012/35, Article 23(2) of that regulation provides for the freezing of funds of persons, entities and bodies listed in Annex IX thereto, identified as:

‘…

(d) being other persons, entities or bodies that provide support, such as material, logistical or financial support, to the Government of Iran, and persons and entities associated with them;

…’

9 On 15 October 2012 the Council adopted Decision 2012/635/CFSP amending Decision 2010/413 (OJ 2012 L 282, p. 58). Recital 6 of Decision 2012/635 stated that it was appropriate to review the prohibition on the sale, supply or transfer to the Islamic Republic of Iran of additional dual-use goods and technology listed in Annex I to Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (OJ 2009 L 134, p. 1), with a view to including items which might be relevant to industries controlled directly or indirectly by the IRGC or which might be relevant to Iran’s nuclear, military and ballistic missile programme, while taking into account the need to avoid unintended effects on the civilian population of Iran. Furthermore, recital 9 of Decision 2012/635 states that the sale, supply or transfer to the Islamic Republic of Iran of key naval equipment and technology for ship-building, maintenance or refit, should be prohibited.

10 Article l(8)(a) of Decision 2012/635 amended Article 20(1)(c) of Decision 2010/413, which consequently provides that restrictive measures are to be imposed on:

‘(c) other persons and entities not covered by Annex I that provide support to the Government of Iran and entities owned or controlled by them or persons and entities associated with them, as listed in Annex II.’

11 On 21 December 2012, the Council adopted Regulation (EU) No 1263/2012 amending Regulation No 267/2012 (OJ 2012 L 356, p. 34). Article 1(11) of Regulation No 1263/2012 amended Article 23(2)(d) of Regulation No 267/2012, which thus provides for the freezing of funds of persons, entities and bodies listed in Annex IX to the latter, identified as:

‘(d) being other persons, entities or bodies that provide support, such as material, logistical or financial support, to the Government of Iran and entities owned or controlled by them, or persons and entities associated with them.’

12 The appellant’s name was included for the first time on the lists in Table I of Annex II to Decision 2010/413 by Decision 2012/829/CFSP of 21 December 2012 amending Decision 2010/413 (OJ 2012 L 356, p. 71), and on the lists in Table I of Annex IX to Regulation No 267/2012 by Implementing Regulation (EU) No 1264/2012 of 21 December 2012 implementing Regulation No 267/2012 (OJ 2012 L 356, p. 55).

13 By judgment of 3 July 2014, Sharif University of Technology v Council (T‑181/13, not published, EU:T:2014:607), the General Court annulled Decision 2012/829 and Regulation No 1264/2012 in so far as they concern the appellant, on the ground that the Council had not adduced proof that the case against it for the purposes of justifying its inclusion on the lists at issue was well founded.

14 By letter of 4 September 2014, the Council informed the appellant of its intention to relist it on the basis of new grounds and invited it to submit its observations before 15 September 2014. In that letter, the Council also expressed the view that the appellant provided support to the Government of Iran by means of cooperation agreements concluded with Iranian governmental organisations designated by the United Nations and the European Union. The Council enclosed with that letter the documents contained in its file on which that relisting was based.

15 By letter of 15 September 2014, the appellant requested the Council to reconsider its decision.

16 On 7 November 2014 the Council adopted Decision 2014/776, by which the appellant’s name was once again included in Table I of Annex II to Decision 2010/413 containing the list of ‘persons and entities involved in nuclear or ballistic missile activities and persons and entities providing...