Judgment of the General Court (Second Chamber) of 5 June 2019 –

Bank Saderat v Council

(Case T‑433/15)

(Non-contractual liability — Common foreign and security policy — Restrictive measures against Iran — Freezing of funds — Restriction on admission to the territory of the Member States — Compensation for the damage allegedly sustained by the applicant following its inclusion and re-inclusion in the list of persons and entities subject to the restrictive measures at issue — Sufficiently serious breach of a rule of law conferring rights on individuals)

1. Non-contractual liability — Conditions — Unlawfulness — Damage — Causal link — Burden of proof — One of the conditions not satisfied — Claim for compensation dismissed in its entirety (Art. 340, second para. TFEU) (see paras 40, 41)

2. Non-contractual liability — Conditions — Sufficiently serious breach of a rule of law intended to confer rights on individuals — Reduced or non-existent discretion of the EU institution when adopting the measure — Need to take account of the factual context (Art. 340, second para. TFEU) (see paras 48, 49, 53-56, 62, 73)

3. Non-contractual liability — Conditions — Unlawfulness — Assessment of the legality of the institutions’ conduct — Fund-freezing measures — Claim for damages by an economic operator subject to an individual restrictive measure — Criteria — Restrictive measures pursuing a legitimate aim of the common foreign and security policy (Art. 21 TEU; Art. 215(2) TFEU) (see paras 50, 51)

4. Non-contractual liability — Conditions — Sufficiently serious breach of a rule of law intended to confer rights on individuals — Rules of evidence — Annulment of one or more acts of the Council at the origin of the harm allegedly suffered by the applicant, including where annulment results from a judgment of the General Court delivered before the action for damages has been brought — Lack of irrefutable evidence (see para. 52)

5. Non-contractual liability — Conditions — Sufficiently serious breach of a rule of law intended to confer rights on individuals — Rule of law intended to confer rights on individuals — Meaning — Conditions concerning the adoption of restrictive measures against Iran — Included (Art. 340, second para. TFEU; Council Regulations No 423/2007, Art. 7(2), No 961/2010, Art. 16(2)(b) and No 267/2012, Art. 23(2)(a)) (see paras 60, 61)

6. Non-contractual liability — Conditions — Unlawfulness — Sufficiently serious breach of EU law — Infringement by the Council of the jurisprudential obligation to establish the merits of the restrictive measures taken against natural or legal persons — None (Art. 340, second para. TFEU) (see paras 63-68, 74)

Re:

Application based on Article 268 TFEU for compensation for the damage allegedly sustained by the applicant as a result of the inclusion of its name on the list of designated persons and entities in Council Regulation (EC) No 423/2007 of 19 April 2007 concerning restrictive measures against Iran (OJ 2007 L 103, p. 1), Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation No 423/2007 (OJ 2010 L 281, p. 1), and Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation No 961/2010 (OJ 2012 L 88, p. 1).

Operative part

The Court:

1. Dismisses the action;

2. Orders Bank Saderat plc to bear its own costs and to pay those incurred by the Council of the European Union;