Judgment of the General Court of 6 September 2013 – Europäisch-Iranische Handelsbank v Council
(Case T-434/11) 1
(Common foreign and security policy – Restrictive measures against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Obligation to state reasons – Rights of the defence – Right to effective judicial protection – Manifest error of assessment – Right to property – Proportionality)
Language of the case: English
Parties
Applicant: Europäisch-Iranische Handelsbank AG (Hamburg, Germany) (represented initially by S. Ashley and S. Gadhia, Solicitors, H. Hohmann, lawyer, D. Wyatt QC and R. Blakeley, Barrister, and subsequently by S. Ashley, H. Hohmann, D. Wyatt, R. Blakeley, and by S. Jeffrey and A. Irvine, Solicitors)
Defendant: Council of the European Union (represented by: F. Naert and R. Liudvinaviciute-Cordeiro, acting as Agents)
Interveners in support of the defendant: European Commission (represented initially by E. Paasivirta and S. Boelaert, and subsequently by E. Paasivirta and M. Konstantinidis, acting as Agents), and United Kingdom of Great Britain and Northern Ireland (represented by S. Behzadi-Spencer, A. Robinson and C. Murrell, acting as Agents, and by J. Swift QC and R. Palmer, Barrister)
Re:
Application for annulment, first, of Council Decision 2011/299/CFSP of 23 May 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2011 L 136, p. 65); secondly, of Council Implementing Regulation (EU) No 503/2011 of 23 May 2011 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran (OJ 2011 L 136, p. 26); thirdly, of Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2011 L 319, p. 71); fourthly, of Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran (OJ 2011 L 319, p. 11); and, fifthly, of Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (OJ 2012 L 88, p. 1), in so far as those acts concern the applicant
Operative part of the judgment
The Court:
Annuls Council Implementing Regulation (EU) No 503/2011 of 23 May 2011 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran, and Council Decision 2011/299/CFSP of 23 May 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran, in so far as those acts concern Europäisch-Iranische Handelsbank AG;
Dismisses the action as to the remainder;
Orders Europäisch-Iranische Handelsbank to bear three fifths of its own costs and to pay three fifths of the costs incurred by the Council of the European Union;
Orders the Council to bear two fifths of its own costs and to pay two fifths of the costs incurred by Europäisch-Iranische Handelsbank;
Orders the United Kingdom of Great Britain and Northern Ireland and the European Commission to bear their own costs.
________________________1 OJ C 282, 24.9.2011.