Judgment of the General Court of 3 May 2016 — Post Bank Iran v Council
(Case T-68/14) 1
(Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Plea of illegality — Article 46(2) of Regulation (EU) No 267/2012 — Article 215 TFEU — Article 20(1)(c) of Decision 2010/413/CFSP, as amended by Article 1(7) of Decision 2012/35/CFSP — Article 23(2)(d) of Regulation No 267/2012 — Fundamental rights — Articles 2 TEU, 21 TEU and 23 TEU — Articles 17 and 52 of the Charter of Fundamental Rights — Error of assessment — Equal treatment — Non-discrimination — Principle of sound administration — Obligation to state reasons — Misuse of powers — Legitimate expectations — Proportionality)
Language of the case: English
Parties
Applicant: Post Bank Iran (Tehran, Iran) (represented by: D. Luff, avocat)
Defendant: Council of the European Union (represented by: I. Rodios and M. Bishop, acting as Agents)
Intervener in support of the defendant: European Commission (represented by: F. Castillo de la Torre and D. Gauci, acting as Agents)
Re:
Application firstly for annulment, under Article 263 TFEU and Article 275 TFEU of Council Decision 2013/661/CFSP of 15 November 2013 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2013 L 306, p. 18) and of Council Implementing Regulation (EU) No 1154/2013 of 15 November 2013 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2013 L 306, p. 3), in so far as they concern the applicant, and secondly for a declaration, under Article 277 TFEU, of the inapplicability as regards the applicant of Article 20(1)(c) of Decision 2010/413, concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ 2010 L 195, p. 39) as amended by Article 1(7) of Council Decision 2012/35/CFSP of 23 January 2012 (OJ 2012 L 19, p. 22) and of Article 23(2)(d) and Article 46(2) 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)
Operative part of the judgment
The Court:
Dismisses the action;
Orders Post Bank Iran to pay the costs.
____________1 OJ C 129, 28.4.2014.