Judgment of the General Court of 16 September 2013 – Bank Kargoshaei and Others v Council
(Case T-8/11) 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 – Legitimate expectations – Review of the restrictive measures adopted – Error of assessment – Equal treatment – Legal basis – Essential procedural requirements – Proportionality – Right to property)
Language of the case: English
Parties
Applicants: Bank Kargoshaei (Tehran, Iran); Bank Melli Iran Investment Company (Tehran); Bank Melli Iran Printing and Publishing Company (Tehran); Cement Investment & Development Co. (Tehran); Mazandaran Cement Company (Tehran); Melli Agro-chemical Company (Tehran); Shomal Cement Co. (Tehran) (represented initially by L. Defalque and S. Woog, and subsequently by L. Defalque and C. Malherbe, lawyers)
Defendant: Council of the European Union (represented by: M. Bishop and R. Liudvinaviciute-Cordeiro, acting as Agents)
Intervener in support of the defendant: European Commission (represented by: F. Erlbacher and M. Konstantinidis, acting as Agents)
Re:
Application, first, for annulment in part of Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413/CFSP concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ 2010 L 281, p. 81); of 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); of Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413/CFSP (OJ 2011 L 319, p. 71); of Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation No 961/2010 (OJ 2011 L 319, p. 11); and of 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); and, secondly, for annulment of any future regulation or decision in force as at the date of closure of the oral procedure which supplements or amends any of the contested measures.
Operative part of the judgment
The Court:
Dismisses the action;
Orders the Council of the European Union to bear its own costs and to pay those incurred by Bank Kargoshaei, Bank Melli Iran Investment Company, Bank Melli Iran Printing and Publishing Company, Cement Investment & Development Co., Mazandaran Cement Company, Melli Agro-chemical Company and Shomal Cement Co.;
Orders the European Commission to bear its own costs.
________________________1 OJ C 72, 5.3.2011.