Judgment of the Court (Grand Chamber) of 6 October 2020 – Bank Refah Kargaran v Council of the European Union, European Commission

(Case C-134/19 P) ¹

(Appeal – Common foreign and security policy (CFSP) – Article 29 TEU – Article 215 TFEU – Restrictive measures against the Islamic Republic of Iran to prevent nuclear proliferation – Harm allegedly suffered by the appellant as a result of its name being included and maintained on the list of persons and entities covered by the freezing of financial funds and resources – Action for damages – Jurisdiction of the Court to hear and determine an action for damages for the harm allegedly caused by restrictive measures taken in decisions adopted pursuant to the CFSP – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Inadequate statement of reasons for legal acts imposing restrictive measures)

Language of the case: French

Parties

Appellant: Bank Refah Kargaran (represented by: J.-M. Thouvenin and I. Boubaker, lawyers)

Other parties to the proceedings: Council of the European Union (represented by: M. Bishop and V. Piessevaux, acting as Agents), European Commission (represented initially by: R. Tricot, C. Zadra and A. Tizzano, and subsequently by L. Gussetti, A. Bouquet, R. Tricot and J. Roberti di Sarsina, acting as Agents)

Operative part of the judgment

The Court:

Dismisses the appeal;

Orders Bank Refah Kargaran to pay, in addition to its own costs, the costs incurred by the Council of the European Union;

Orders the European Commission to bear its own costs.

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¹ OJ C 172, 20.5.2019.