Order of the President of the General Court of 29August 2013—Iran Liquefied Natural Gas v Council(Case T‑5/13

Order of the President of the General Court of 29August 2013—
Iran Liquefied Natural Gas v Council

(Case T‑5/13 R)

Application for interim measures— Common foreign and security policy— Restrictive measures against Iran— Freezing of funds and economic resources— Prohibition of the execution of ongoing trade contracts— Application for suspension of the operation of a measure— Manifest inadmissibility of the plea of illegality on which the application is based— Inadmissibility of the application

1.Application for interim measures— Suspension of operation of a measure— Interim measures— Conditions for granting— Provisional nature of the measure (Arts278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art.104(2)) (see paras24, 25)

2.Application for interim measures— Suspension of operation of a measure— Community law— Prima facie admissibility of the main action— Summary examination of the main action by the court hearing the application for interim measures— Examination of a plea of illegality submitted in the main proceedings (Art.278 TFEU; Rules of Procedure of the General Court, Art.104(2)) (see paras26, 27, 29)

3.Plea of illegality— Plea raised at the stage of the reply— Inadmissibility (Art.277 TFEU; Rules of Procedure of the General Court, Art.48(2)) (see para.31)

4.Plea of illegality— Scope— Measures the illegality of which may be pleaded— General measure providing the basis of the contested decision— Need for a legal connection between the contested measure and the contested general act— Plea of illegality directed against provisions irrelevant to the resolution of the main dispute and having no direct legal connection with it— Possibility of challenging the general act by means of an annulment action— Manifest inadmissibility (Arts263 TFEU and 277 TFEU) (see paras32-36)

Re:

APPLICATION for suspension of the operation, first, of Council Decision 2012/635/CFSP of 15October 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2012 L282, p.58), and Council Implementing Regulation (EU) No945/2012 of 15October 2012 implementing Regulation (EU) No267/2012 concerning restrictive measures against Iran (OJ2012 L282, p.16), in so far as those acts include the applicant in the list of persons and entities made subject to the restrictive measures, and, secondly, of Article1(5) of Council Regulation (EU) No1263/2012 of 21December 2012 amending Regulation (EU) No267/2012 (OJ 2012 L356, p.34), in so far as that act makes it impossible to perform the contracts concluded by the applicant with partners established in the European Union.

Operative part

1.

The application for interim measures is dismissed.

2.

Costs are reserved.