# C_2014253EN.01005901.xml

| 4.8.2014 | EN | Official Journal of the European Union | C 253/59 |
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4.8.2014

EN

Official Journal of the European Union

C 253/59

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Action brought on 9 June 2014 — Tose’e Ta’avon Bank v Council

(Case T-435/14)

2014/C 253/80

Language of the case: French

Parties

Parties

Applicant: Tose’e Ta’avon Bank (Teheran, Iran) (represented by: J.-M. Thouvenin, avocat)

Applicant:

Defendant: Council of the European Union

Defendant:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul the Council’s decision to maintain the sanction imposed on the applicant as mentioned in the notice of 15 March 2014; |
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annul the Council’s decision to maintain the sanction imposed on the applicant as mentioned in the notice of 15 March 2014;

| — | declare that Council Regulation (EU) No 267/2012 of 23 March 2012 is inapplicable to it; |
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declare that Council Regulation (EU) No 267/2012 of 23 March 2012 is inapplicable to it;

| — | declare that Council Decision 2010/413/CFSP of 26 July 2010 is inapplicable to it; |
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declare that Council Decision 2010/413/CFSP of 26 July 2010 is inapplicable to it;

| — | order the Council to pay the costs. |
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order the Council to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.

| 1. | First plea, alleging an error of law, in so far as the reason given for the maintenance of restrictive measures against the applicant is not among those which would allow the defendant to adopt restrictive measures. |
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1.

First plea, alleging an error of law, in so far as the reason given for the maintenance of restrictive measures against the applicant is not among those which would allow the defendant to adopt restrictive measures.

| 2. | Second plea, alleging an error of fact constituting a manifest error of assessment, in so far as the applicant is not managed by the Iranian state and does not provide financial support for the Iranian government. |
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2.

Second plea, alleging an error of fact constituting a manifest error of assessment, in so far as the applicant is not managed by the Iranian state and does not provide financial support for the Iranian government.

| 3. | Third plea, alleging failure to state reasons. |
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3.

Third plea, alleging failure to state reasons.

| 4. | Fourth plea, alleging infringement of the principle of proportionality and the right to property. |
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4.

Fourth plea, alleging infringement of the principle of proportionality and the right to property.

| 5. | Fifth plea, alleging illegality of Regulation No 267/2012 (1) and Decision 2010/413 (2), pursuant to which the contested decision was taken in so far as, on the one hand, they were taken in violation of the obligation to state reasons laid down in Article 296 TFEU and in breach of Article 215 TFEU and, on the other hand, their relevant provisions on the basis of which the restrictive measures imposed on the applicant were maintained violate the treaties and the Charter of Fundamental Rights of the European Union. |
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5.

Fifth plea, alleging illegality of Regulation No 267/2012 (1) and Decision 2010/413 (2), pursuant to which the contested decision was taken in so far as, on the one hand, they were taken in violation of the obligation to state reasons laid down in Article 296 TFEU and in breach of Article 215 TFEU and, on the other hand, their relevant provisions on the basis of which the restrictive measures imposed on the applicant were maintained violate the treaties and the Charter of Fundamental Rights of the European Union.

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2

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(1)  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).

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(2)  2010/413/CFSP: Council Decision of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ 2010 L 195, p. 39).

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