58This ground of appeal concerns paragraphs 45 to 50 of the judgment under appeal, which read as follows:45 It is a special feature of Articles 60 EC and 301 EC that they form a bridge between the actions of the Community involving economic measures under Articles 60 EC and 301 EC and the objectives of the EU Treaty [in the version prior to the Treaty of Lisbon] in the sphere of external relations, including the [common foreign and security policy] (CFSP) (see, to that effect, Kadi [and Al Barakaat International Foundation v Council and Commission,] paragraph 197). Articles 60 EC and 301 EC are provisions expressly envisaging that action by the Community may prove necessary in order to attain one of the objectives specifically assigned to the Union by Article 2 EU, namely the implementation of a common foreign and security policy.46 That fact is, however, without prejudice to the coexistence of the Union and the Community as integrated but separate legal orders, or to the constitutional architecture of the pillars, as intended by the framers of the Treaties now in force (see, to that effect, Kadi [and Al Barakaat International Foundation v Council and Commission], paragraph 202). Consequently, even though an action by the Community under Articles 60 EC and 301 EC gives effect to one of the objectives of the Union, it is nevertheless undertaken on the basis of the Community pillar. The lawfulness of measures taken in that sphere, such as Regulation No 423/2007 and the measures implementing it, must therefore be assessed in relation to the conditions laid down by the rules of that pillar, including the appropriate voting rule.47 It follows from the foregoing that, contrary to the applicant’s claims, Common Position 2007/140, which forms part of the second pillar of the Union, is not a legal basis for Regulation No 423/2007 or for the measures implementing it, which means that the voting rule applicable to the adoption of that common position and to its amendment is irrelevant. Indeed, the existence of a common position or of a joint action previously adopted in the sphere of the CFSP is simply a condition laid down by Article 301 EC, which also defines the voting rule applicable to the adoption of the measures taken to give it effect.48 In the present case, it is not disputed that Regulation No 423/2007 and the contested decision were adopted by a qualified majority, in accordance with the rule laid down in Article 301 EC. Nor is it disputed that the adoption of that regulation was preceded by the unanimous adoption of Common Position 2007/140 or that the adoption of the contested decision was preceded by the unanimous adoption of Common Position 2008/479, by which the applicant’s name was entered in the list of entities to which the fund-freezing measure applied by virtue of Article 5(1)(b) of Common Position 2007/140. It is accordingly to be concluded that the conditions laid down by Article 301 EC have been complied with.49 Consequently the applicant’s head of claim alleging failure to follow the applicable voting rule must be rejected.50 With regard to the applicant’s other heads of claim, it is to be borne in mind that a measure is vitiated by misuse of powers only if it appears on the basis of objective, relevant and consistent evidence to have been taken with the exclusive or main purpose of achieving an end other than that stated or of evading a procedure specifically prescribed by the Treaty for dealing with the circumstances of the case (see Case C-210/03 Swedish Match [2004] ECR I-11893, paragraph 75, and Case T-158/99 Thermenhotel Stoiser Franz and Others v Commission [2004] ECR II-1, paragraph 164, and the case-law cited). In this case, the applicant has not adduced evidence suggesting that the Council, in adopting the contested decision, pursued any end other than that of stopping nuclear proliferation by freezing the funds of entities which it considered were engaged in, directly associated with, or provided support for the activities concerned, in accordance with the procedure laid down for that purpose by the EC Treaty and by Regulation No 423/2007.’
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