Judgment — ECLI:EU:T:2019:308
Date: 2019-05-08
Language of the case: French
Court formation: Second Chamber
Subject matter: External relations;Provisions governing the Institutions;Common foreign and security policy
Procedure: Action for damages - unfounded;Action for damages - inadmissible

Action brought on 25 September 2015 — Export Development Bank of Iran v Council (Case T-553/15) Language of the case: French Parties Applicant: Export Development Bank of Iran (Tehran, Iran) (represented by: J.-M. Thouvenin, lawyer) Defendant: Council of the European Union Form of order sought The applicant claims that the Court should hold: that by adopting and maintaining in force the restrictive measure adopted by the Council of the European Union against EDBI, annulled by judgment of the General Court of 6 September 2013 (Cases T-4/11 and T-5/11), the Council of the European Union has incurred non-contractual liability on behalf of the European Union; that in consequence, the European Union is required to make good the resulting harm suffered by the applicant; that the material harm amounts to USD 56 470 860, that is to say EUR 50 508 718 at the current rate, to which sum must be added legal interest and any other sum justified; that the non-material harm amounts to USD 74 132 366, that is to say EUR 66 206 13 [sic] at the current rate, to which sum must be added legal interest and any other sum justified; in the alternative, that all or part of the sums claimed in respect of non-material harm are to be regarded as falling within material harm and are to be recorded as such; and that the Council must be ordered to pay the costs. Pleas in law and main arguments In support of the action, the applicant relies on six pleas in law, of which two concern the incurring of non-contractual liability on behalf of the European Union and four the harm resulting from the unlawful conduct of the Council of the European Union. The incurring of non-contractual liability on behalf of the European Union First plea in law, alleging unlawful conduct on the part of the Council (adoption and maintenance in force of a freezing of the applicant’s funds), duly held by judgment of 6 September 2013 in Export Development Bank of Iran v Council, T-4/11 and T-5/11, EU:T:2013:400. Second plea in law, alleging that the unlawful conduct committed by the Council is a sufficiently serious breach of the rules of law intended to confer rights on individuals. The harm resulting from the unlawful conduct of the Council of the European Union Third plea in law, alleging the ceasing of documentary credit activities by the applicant as a direct consequence of the unlawful measure. Fourth plea in law, alleging loss of earnings consequent upon the applicant’s inability to access its funds frozen in the European Union. Fifth plea in law, alleging the harm consequent upon the interruption to currency transfers. Sixth plea in law, alleging non-material harm. ____________