Judgment of the General Court of 20 February 2013 - Melli Bank v Council
(Case T-492/10)
(Common foreign and security policy - Restrictive measures against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Entity wholly owned by an entity identified as being involved in nuclear proliferation - Plea of illegality - Obligation to state reasons - Rights of the defence - Right to effective judicial protection)
Language of the case: English
Parties
Applicant: Melli Bank plc (London, United Kingdom) (represented: initially by S. Gadhia and S. Ashley, Solicitors, and by D. Anderson QC and R. Blakeley, Barrister, and subsequently by S. Ashley, S. Jeffrey, and A. Irvine, Solicitors, and by D. Wyatt QC and R. Blakeley)
Defendant: Council of the European Union (represented by: M. Bishop and R. Liudvinaviciute-Cordeiro, Agents)
Intervener in support of the defendant: European Commission (represented by: S. Boelaert and M. Konstantinidis, Agents)
Re:
Application for annulment of 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), Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413 (OJ 2010 L 281, p. 81), 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), Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413 (OJ 2011 L 319, p. 71), Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation No 961/2010 (OJ 2011 L 319, p. 11), and Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation No 961/2010 (OJ 2012 L 88, p. 1) in so far as those measures concern the applicant and, further, an application for a declaration of the inapplicability of Article 16(2)(a) of Regulation No 961/2010 and Article 23(2) of Regulation No 267/2012 to the applicant.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Melli Bank plc to bear its own costs and to pay the costs of the Council of the European Union;
Orders the European Commission to bear its own costs.
____________1 - OJ C 328, 4.12.2010.