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Action brought on 7 October 2010 - Bank Saderat v Council

(Case T-495/10)

Language of the case: English

Parties

Applicant: Bank Saderat plc (London, United Kingdom) (represented by: S. Gadhia, S. Ashley, Solicitors, D. Anderson, QC and R. Blakeley, Barrister)

Defendant: Council of the European Union

Form of order sought

annul paragraph 5 of Table B of the Annex to Council Implementing Regulation (EU) No 668/2010¹ in so far as it relates to the applicant;

annul paragraph 7 of Table B of Annex II to Council Decision 2010/413/CFSP² in so far as it relates to the applicant;

declare Article 7(2)(d) of Council Regulation (EC) No 423/2007³ inapplicable to the applicant; and

order the Council to pay the costs of the application.

Pleas in law and main arguments

In the present case the applicant seeks the partial annulment of Council Implementing Regulation No 668/2010 and of Council Decision 2010/413/CFSP in so far as the applicant is included on the list of natural and legal persons, entities and bodies whose funds and economic resources are frozen in accordance with this provision. Furthermore, the applicant applies, in accordance with Article 277 TFUE, for the inapplicability of Article 7(2)(d) of Council Regulation (EC) No 423/2007.

The pleas in law and main arguments relied on by the applicant are identical or similar to those relied on in Case T-492/10 Melli Bank v Council.

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¹ - 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

² - Council Decision of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP, OJ 2010 L 195, p. 39

³ - Council Regulation (EC) No 423/2007 of 19 April 2007 concerning restrictive measures against Iran, OJ 2007 L 103, p. 1