Source: All England Reporter
Publisher Citation: [2012] All ER (D) 95 (Nov)
Court: General Court of the European Union (Fourth Chamber)
Judge:

Judges Pelikanova (President), Jurimae and van der Woude

Judgment Dates: 26 October 2012

Catchwords

European Union - Legal basis of regulation - Common foreign and security policy - Restrictive measures taken against Iran with aim of preventing nuclear proliferation - Freezing of funds - European Council naming applicant in list of entities subject to freezing of funds as annexed to regulation - Applicant company seeking annulment of regulation - Whether European Council breaching obligation under European Union law to state reasons - Council Regulation (EU) 961/2010 - Council Implementing Regulation (EU) 1245/2011 - Council Regulation (EU) 267/2012.

The Case

European Union Legal basis of regulation. The General Court of the European Union: (i) annulled Council Regulation (EU) 961-2010 of 25 October 2010 (on restrictive measures against Iran) and repealing Regulation (EC) 423-2007 and Council Implementing Regulation (EU) 1245-2011 implementing Regulation 961-2010 in so far as they concerned the inclusion of CF Sharp Shipping Agencies Pte Ltd on the list in Annex VIII to Regulation 961-2010; (ii) annulled Council Regulation (EU) 267-2012 (concerning restrictive measures against Iran) and repealing Regulation 961-2010 in so far as it concerned the inclusion of CF Sharp Shipping Agencies on the list in Annex IX thereto; and (iii) held that that there was no longer any need to adjudicate on the application by that company seeking annulment of Regulation 961-2010 and the Implementing Regulation with immediate effect.

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