Judgment of the General Court of 2 July 2019 — Mahmoudian v Council
(Case T-406/15) 1
(Non-contractual liability — Common foreign and security policy — Restrictive measures against the Islamic Republic of Iran — Freezing of funds — Restrictions on admission to the territories of the Member States — Compensation for the damage allegedly suffered as a result of the inclusion and maintenance of the applicant’s name on the lists of persons and entities subject to the restrictive measures — Material damage — Non-material damage)
Language of the case: French
Parties
Applicant: Fereydoun Mahmoudian (Tehran, Iran) (represented by A. Bahrami and N. Korogiannikis, lawyers)
Defendant: Council of the European Union (represented by R. Liudvinaviciute-Cordeiro and M. Bishop, acting as Agents)
Intervener in support of the defendant: European Commission (represented initially by A. Aresu and D. Gauci, then by A. Aresu and R. Tricot, acting as Agents)
Re:
Action under Article 268 TFEU seeking compensation in respect of the damage allegedly suffered by the applicant as a result of the adoption 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/CFSP (OJ 2010 L 281, p. 81), and 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 which the applicant’s name was included and maintained on the lists of persons and entities subject to the restrictive measures.
Operative part of the judgment
The Court:
Orders the Council of the European Union to pay Mr Fereydoun Mahmoudian EUR 71 000 in compensation for the non-material damage suffered;
Dismisses the action as to the remainder;
Orders Mr Fereydoun Mahmoudian, the Council and the Commission each to bear their own costs.
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1 OJ C 337, 12.10.2015.