Two decisions have been handed down by the European Court of Justice regarding appeals brought by the European Council in respect of General Court judgments annulling the listings of two companies on the EU sanctions list. In Council v Fulmen & Fereydoun Mahmoudian, the applicant had allegedly been involved in the installation of electrical equipment on the Qom/Fordoo site in breach of Iran sanctions. The ECJ upheld the General Court’s decision on the basis that insufficient evidence had been adduced by the Council to show that the applicant had been involved in the installation.
In Council v Manufacturing Support & Procurement Kala Naft, the applicant was alleged to have sold equipment for the oil and gas sector which could be used for Iran’s nuclear programme. The ECJ set aside the General Court’s annulment on various grounds including that Article 7(2)(a) of Regulation No 423/2007, which prohibits “engagement in, direct association with or the provision of support for, Iran’s proliferation-sensitive nuclear activities”, covers the “procurement of or trade in goods and technology linked to the gas and oil industry in Iran”.
The judgment of Council v Fulmen & Fereydoun Mahmoudian
The judgment of Council v Manufacturing Support & Procurement Kala Naft