3

The background to the dispute was set out in paragraphs 1 to 10 of the judgment under appeal as follows: ‘1 [HTTS] is a company incorporated under German law, formed in March 2009 by N. Bateni, who is the sole shareholder and director. HTTS carries on the activities of shipping agents and technical managers of vessels. 2 This case has been brought in connection with the restrictive measures introduced in order to apply pressure on the Islamic Republic of Iran to end proliferation-sensitive nuclear activities and the development of nuclear weapon delivery systems (“nuclear proliferation”). More specifically, it is one of a number of cases relating to measures taken against a shipping company, [IRISL,] and natural or legal persons alleged to be connected with that company, in particular HTTS and two other shipping companies, Hafize Darya Shipping Lines (“HDSL”) and Safiran Pyam Darya Shipping Lines (“SAPID”), which the Council of the European Union allege[s] to be connected with IRISL. 3 HTTS was originally named among the persons, entities and bodies subject to restrictive measures listed in Annex V to [Regulation No 423/2007] on 26 July 2010, following the entry into force of [Implementing Regulation No 668/2010]. No action for annulment was brought against that listing. The inclusion of HTTS in the list of persons, entities and bodies subject to restrictive measures contained in Annex VIII [to Regulation No 961/2010], which was effected a few months later by that regulation, was however challenged by HTTS and was subsequently annulled by the General Court, which held that sufficient reasons had not been given (see paragraph 5 below). 4 In Regulation No 668/2010, the reason given for the inclusion of HTTS was essentially that it “act[ed] on behalf of HDSL in Europe”. In Regulation No 961/2010, the reason was that it was “controlled and/or acting on behalf of IRISL”. 5 By judgment of 7 December 2011, HTTS v Council (T‑562/10, EU:T:2011:716), the General Court annulled Regulation No 961/2010 in so far as it concerned HTTS, but with effect from 7 February 2012, so as to give the Council the opportunity, in the meantime, to provide supplementary reasons for relisting that company. In this regard, the General Court held that to annul Regulation No 961/2010 with immediate effect might cause serious and irreparable harm to the effectiveness of the restrictive measures imposed by that regulation against the Islamic Republic of Iran, since “it cannot be excluded that, as regards the substance, the imposition of restrictive measures on [HTTS] could nonetheless be justified” (judgment of 7 December [2011], HTTS v Council, T‑562/10, EU:T:2011:716, paragraphs 41 and 42). 6 Following the judgment of 7 December 2011, HTTS v Council (T‑562/10, EU:T:2011:716), the Council relisted [HTTS] on several occasions. The listings were each challenged by [HTTS], and were annulled by the General Court in the judgments of 12 June 2013, HTTS v Council (T‑128/12 and T‑182/12, not published, EU:T:2013:312), and of 18 September 2015, HTTS and Bateni v Council (T‑45/14, not published, EU:T:2015:650). 7 It should also be observed, at this point, that by judgment of 16 September 2013, Islamic Republic of Iran Shipping Lines and Others v Council (T‑489/10, EU:T:2013:453), the General Court also annulled the inclusion of IRISL and other shipping companies, including HDSL and SAPID, in the relevant lists, on the ground that the matters advanced by the Council did not justify the listing of [IRISL] and, consequently, could not justify the adoption or continuation of restrictive measures against the other shipping companies which had been listed on the basis of their connections with IRISL. 8 By letter of 23 July 2015, [HTTS] sent a request to the Council seeking compensation for the damage which it considered that it had suffered by reason of its initial listing and its subsequent inclusion in the lists of persons connected with the activities of IRISL. 9 In the request for compensation, [HTTS] asserted that it was entitled to compensation for the material and non-material damage which it considered that it had suffered not only by reason of the listings effected by Regulation[s] Nos 668/2010 and 961/2010, which are the subject matter of the present dispute, but also by reason of subsequent listings and relistings (see paragraph 6 above). The material damage thus alleged amounted to EUR 11928939, and the non-material damage to EUR 250000, for the period from 26 July 2010 to 18 September 2015. 10 By letter of 16 October 2015, the Council rejected the request.’