Judgment of the General Court of 22 January 2015 — Bank Tejarat v Council
(Case T-176/12) 1
(Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Error of assessment)
Language of the case: English
Parties
Applicant: Bank Tejarat (Tehran, Iran) (represented by: S. Zaiwalla, P. Reddy, F. Zaiwalla and Z. Burbeza, Solicitors, D. Wyatt QC, and R. Blakeley, Barrister)
Defendant: Council of the European Union (represented by: M. Bishop and S. Cook, acting as Agents)
Re:
Application for the annulment in part, with immediate effect, of Council Decision 2012/35/CFSP of 23 January 2012, amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2012 L 19, p. 22), of Council Implementing Regulation (EU) No 54/2012 of 23 January 2012 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran (OJ 2012 L 19, p.1), of Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (OJ 2012 L 88, p. 1) and of Council Implementing Regulation (EU) No 709/2012 of 2 August 2012 implementing Regulation (EU) No 267/2012 (OJ 2012 L 208, p. 2).
Operative part of the judgment
The Court:
Annuls, in so far as they concern Bank Tejarat :
Point 2 of Table I.B in Annex I to Council Decision 2012/35/CFSP of 23 January 2012, amending Decision 2010/413/CFSP on restrictive measures against Iran;
Point 2 of Table I.B in Annex I to Council Implementing Regulation (EU) No 54/2012 of 23 January 2012, implementing Regulation (EU) No 961/2010 on the adoption of restrictive measures against Iran;
Point 105 of Table I.B in Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 on the adoption of restrictive measures against Iran and repealing Regulation (EU) No 961/2010;
Point 5 of Annex II to Council Implementing Regulation (EU) No 709/2012 of 2 August 2012, implementing Regulation No 267/2012.
Dismisses the remainder of the action;
Declares that the effects of Council Decision 2010/413/CFSP of 26 July 2010 on restrictive measures against Iran and repealing Common Position 2007/140/CFSP, as amended by Decision 2012/35, are maintained as regards Bank Tejarat until the annulment of Regulation No 267/2012 and Implementing Regulation No 709/2012 takes effect;
Orders the Council of the European Union to pay the costs.
________________________1 OJ C 174, 16.6.2012.