# C_2013026EN.01004102.xml

| 26.1.2013 | EN | Official Journal of the European Union | C 26/41 |
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26.1.2013

EN

Official Journal of the European Union

C 26/41

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Judgment of the General Court of 11 December 2012 — Sina Bank v Council

(Case T-15/11) (1)

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(Common foreign and security policy - Restrictive measures taken against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Actions for annulment - Duty to state reasons)

2013/C 26/79

Language of the case: English

Parties

Parties

Applicant: Sina Bank (Tehran, Iran) (represented by: B. Mettetal and C. Wucher-North, lawyers)

Applicant:

Defendant: Council (represented by: M. Bishop and G. Marhic, acting as Agents)

Defendant:

Intervener in support of the defendant: European Commission (represented by: F. Erlbacher and M. Konstantinidis, acting as Agents)

Intervener in support of the defendant:

Re:

Re:

Annulment of, first, Annex VIII to 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), in so far as the latter concerns the applicant, and, second, the ‘decision’ in the Council’s letter of 28 October 2010 concerning the applicant; and a declaration of inapplicability, as regards the applicant, of, first, Annex II to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ 2007 L 195, p. 39), as resulting from Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413 (OJ 2010 L 281, p. 81), in so far as the latter concerns the applicant, second, Article 16(2) of Regulation No 961/2010 and, third, Article 20(1)(b) of Decision 2010/413.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls Annex II to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP, as resulting from Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413, and Annex VIII to Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007, in so far as the latter concern Sina Bank; |
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1.

Annuls Annex II to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP, as resulting from Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413, and Annex VIII to Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007, in so far as the latter concern Sina Bank;

| 2. | Orders that the effects of Annex II to Decision 2010/413, as resulting from Decision 2010/644, be maintained in relation to Sina Bank until annulment of Annex VIII to Regulation No 961/2010 takes effect; |
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2.

Orders that the effects of Annex II to Decision 2010/413, as resulting from Decision 2010/644, be maintained in relation to Sina Bank until annulment of Annex VIII to Regulation No 961/2010 takes effect;

| 3. | Dismisses the action as to the remainder; |
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3.

Dismisses the action as to the remainder;

| 4. | Orders the Council to bear two thirds of the costs incurred by Sina Bank and two thirds of its own costs; |
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4.

Orders the Council to bear two thirds of the costs incurred by Sina Bank and two thirds of its own costs;

| 5. | Orders Sina Bank to bear one third of its own costs and one third of the Council’s costs; |
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5.

Orders Sina Bank to bear one third of its own costs and one third of the Council’s costs;

| 6. | Orders the European Commission to bear its own costs. |
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6.

Orders the European Commission to bear its own costs.

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(1)  OJ C 72, 5.3.2011.

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