Judgment of the General Court of 6 September 2013 – Persia International Bank v Council
(Case T-493/10) 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 – Error of assessment)
Language of the case: English
Parties
Applicant: Persia International Bank plc (London, United Kingdom) (represented initially by: S. Gadhia and S. Ashley, Solicitors, D. Anderson QC and R. Blakeley, Barrister, and subsequently by S. Ashley and by S. Jeffrey and A. Irvine, Solicitors, D. Wyatt QC and R. Blakeley)
Defendant: Council of the European Union (represented by: M. Bishop and A. Vitro, acting as Agents)
Intervener in support of the defendant: European Commission (represented by: S. Boelaert and M. Konstantinidis, acting as Agents)
Re:
Application, first, 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 Implementing Regulation (EU) No 668/2010 of 26 July 2010 implementing Article 7(2) of Regulation (EC) No 423/2007 concerning restrictive measures against Iran (OJ 2010 L 195, p. 25), 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 acts concern the applicant; and, secondly, for a declaration that Article 7(2)(d) of Council Regulation (EC) No 423/2007 of 19 April 2007 concerning restrictive measures against Iran (OJ 2007 L 103, p. 1), Article 16(2)(a) of Regulation No 961/2010 and Article 23(2) of Regulation No 267/2012 are inapplicable to the applicant
Operative part of the judgment
The Court:
Annuls the following measures, in so far as they concern Persia International Bank plc:
– point 4 of Table B of Annex II to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP;
– point 2 of Table B of the annex to Council Implementing Regulation (EU) No 668/2010 of 26 July 2010 implementing Article 7(2) of Regulation (EC) No 423/2007 concerning restrictive measures against Iran;
– point 4 of Table I.B of the annex to Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413;
– point 4 of Table B of Annex VIII to Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation No 423/2007;
– Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413;
– Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation No 961/2010;
– point 4 of Table I.B of Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation No 961/2010;
Orders the effects of Decision 2010/413, as amended by Decision 2010/644 and Decision 2011/783, to be maintained as regards Persia International Bank until the annulment of Regulation No 267/2012 takes effect;
Dismisses the action as to the remainder;
Orders the Council of the European Union to bear its own costs and to pay those incurred by Persia International Bank;
Orders the European Commission to bear its own costs.
________________________1 OJ C 328, 4.12.2010.