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2016-3 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2016)

handle is hein.intyb/rcbjcofi0378 and id is 1 raw text is: ZCVRLA Reports of Cases Case C-440/14 P National Iranian Oil Company V Council of the European Union (Appeal - Restrictive measures against the Islamic Republic of Iran - List of persons and entities subject to the freezing of funds and economic resources - Implementing Regulation (EU) No 945/2012 - Legal basis - Criterion relating to the material, logistical or financial support for the Government of Iran) Summary - Judgment of the Court (Grand Chamber) 1 March 2016 1. Acts of the institutions - Statement of reasons - Obligation - Scope - Regulation authorising the adoption of restrictive measures - No obligation to state the legal nature of the acts that may be adopted (Art. 296 TFEU; Council Regulation No 267/2012, Art. 46(2)) 2. Common foreign and security policy - Restrictive measures against Iran - Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation - Power of the Council, in matters concerning restrictive measures based on Article 215 TFEU, to have recourse to the procedure laid down in Article 291(2) TFEU (Arts 215 TFEU and 291 TFEU) 3. Institutions of the European Union - Exercise of powers - Implementing power conferred on the Commission or on the Councilfor the adoption of implementing acts - Enforcement - Concept - Adoption of acts of individual application - Included (Art. 291(2) TFEU) 4. Common foreign and security policy - Restrictive measures against Iran - Legal basis - Restrictive measures adopted on the basis of Article 215 TFEU or Article 291 TFEU - Distinction between the procedures for the adoption of acts - Adoption under Article 291 TFEU not contingent on a joint proposal of the High Representative and the Commission - No breach of the principle of equal treatment (Arts 215 TFEU, 263, fourth para., TFEU and 291(2) TFEU) 5. Acts of the institutions - Regulations - Regulation concerning the adoption of restrictive measures against Iran - Implementing powers reserved by the Council - Lawfulness - Conditions - Specific and reasoned cases (Arts 291(2) TFEU and 296 TFEU; Council Decision 2010/413/PESC; Council Regulation No 267/2012, Art. 23(2) and (3)) ECLI:EU:C:2016:128 1

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