Judgment_paragraph 3 · Safa Nicu Sepahan Co. v Council of the European Union (C-45/15 P)

3The background to the dispute is set out in paragraphs 1 to 13 of the judgment under appeal in the following terms:1 This case has been brought in connection with the restrictive measures introduced in order to apply pressure on the Islamic Republic of Iran to end proliferation-sensitive nuclear activities and the development of nuclear weapon delivery systems (“nuclear proliferation”).2 The applicant, Safa Nicu Sepahan ..., is an Iranian limited company.3 By Council Decision 2011/299/CFSP of 23 May 2011 amending Decision 2010/413/CFSP (OJ 2011 L 136, p. 65), the name of an entity identified as “Safa Nicu” was entered on the list of entities involved in nuclear proliferation set out in Annex II to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ 2010 L 195, p. 39).4 Consequently, the name of the entity identified as “Safa Nicu” was entered in the list in Annex VIII to Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007 (OJ 2010 L 281, p. 1), by [Implementing Regulation No 503/2011].5 In the statement of reasons in Decision 2011/299 and Implementing Regulation No 503/2011, the entity identified as “Safa Nicu” was described as a “communications firm that supplied equipment for the Fordow (Qom[, Iran]) facility built without being declared to the [International Atomic Energy Agency (UN) (IAEA)]”.6 Having been alerted to this by one of its business partners, the applicant, by a letter dated 7 June 2011, requested the Council of the European Union to amend Annex VIII to Regulation No 961/2010, either by correcting and amending the listing of the entity identified as “Safa Nicu”, or by removing it. In this regard, it submitted that either the said listing designated an entity other than itself, or that the Council had made an error in including its name in Annex VIII to Regulation No 961/2010.7 Having received no reply to its letter of 7 June 2011, the applicant contacted the Council by telephone and then sent it a further communication on 23 June 2011.8 The listing of the entity identified as “Safa Nicu” in Annex II to Decision 2010/413 and in Annex VIII to Regulation No 961/2010 was retained by Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413 (OJ 2011 L 319, p.71) and by Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation (EU) No 961/2010 (OJ 2011 L 319, p. 11).9 In Decision 2011/783 and in Implementing Regulation No 1245/2011, the reference to “Safa Nicu” was replaced by the following: “Safa Nicu a.k.a. ‘Safa Nicu Sepahan’, ‘Safanco Company’, ‘Safa Nicu Afghanistan Company’, ‘Safa Al-Noor Company’ and ‘Safa Nicu Ltd Company’”. Likewise, five addresses in Iran, the United Arab Emirates and Afghanistan were given as identifying information for the entity concerned.10 By letter of 5 December 2011 the Council informed the applicant that its name would continue to be listed in Annex II to Decision 2010/413 and in Annex VIII to Regulation No 961/2010. It stated that the observations submitted by the applicant on 7 June 2011 did not justify the lifting of the restrictive measures. It explained that the listing of the entity identified as “Safa Nicu” did indeed refer to the applicant, notwithstanding the incomplete details of its name. It also informed the applicant of the amendments mentioned in paragraph 9 above.11 Following the repeal of Regulation No 961/2010 by [Regulation No 267/2012], the applicant’s name was included by the Council in Annex IX to the latter regulation. The statement of reasons relating to the applicant is identical to that in Implementing Regulation No 1245/2011.12 By letter of 11 December 2012, the Council informed the applicant that its name would continue to be listed in Annex II to Decision 2010/413 and in Annex IX to Regulation No 267/2012. In an annex to the letter, the Council communicated Regulation No 267/2012 to the applicant.13 By Council Decision 2014/222/CFSP of 16 April 2014 amending Decision 2010/413 (OJ 2014 L 119, p. 65), the applicant’s name was removed from the list in Annex II to Decision 2010/413. By Council Implementing Regulation (EU) No 397/2014 of 16 April 2014 implementing Regulation No 267/2012 (OJ 2014 L 119, p. 1), the applicant’s name was therefore removed from the list in Annex IX to Regulation No 267/2012.’