Case T-102/04: Order of the Court of First Instance (Seventh Chamber) of 10 July 2008 — Cornwell v Commission
Date: 2008-07-10
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), administrator, appointment of staff, regulations for civil servants

27.9.2008

EN

Official Journal of the European Union

C 247/23

Decision of the Board of Appeal: dismissal of the appeal.

Pleas in law: infringement of Article 7(1)(b) of Regulation (EC)
No 40/94 (1), as
the requisite
minimum level of distinctiveness.

the mark applied for has

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 15 August 2008 — Melli Bank v
Council

(Case T-332/08)

(2008/C 247/45)

Language of the case: English

Parties

Applicant: Melli Bank plc (London, United Kingdom)
(repre-
sented by: R. Gordon QC, M. Hoskins, Barrister, and T. Din,
Solicitor)

Defendant: Council of the European Union

Form of order sought

— Paragraph 4, section 8, of the annex to Council Decision
2008/475/EC concerning restrictive measures against Iran is
declared void in so far as it relates to Melli Bank plc.

— If the Court finds that Article 7(2)(d) of the regulation is
mandatory in effect, Article 7(2)(d) of Council Regulation
423/2007/EC concerning restrictive measures against Iran is
declared to be inapplicable.

— The Council should pay the applicant's costs of

these

proceedings.

Pleas in law and main arguments

In the present case the applicant seeks the partial annulment of
Council Decision 2008/475/EC of 23 June 2008 (1)
imple-
menting Article 7(2) of Council Regulation (EC) No 423/2007
concerning restrictive measures against Iran in so far as the
applicant is included on the list of natural and legal persons,
entities and bodies whose funds and economic resources are
frozen in accordance with this provision. The applicant
contested the same decision in Case T-246/08, Melli Bank v
Council (2).

In support of its application in the present case, the applicant
submits that the Council has infringed its obligation to state
reasons, as it did not give any individual and specific reasons for
the listing of the applicant. The applicant alleges that it has been
listed, not because it has itself been involved in providing
support to Iran's nuclear activities, but solely because it is a
subsidiary of a parent company which is believed to have been
involved in such activities.

is

The applicant further submits that, if Article 7(2)(d) of Council
Regulation (EC) No 423/2007 (3)
to be interpreted as
imposing an obligation on the Council to list every subsidiary
owned or controlled by a parent company which has itself been
included on the list of natural and legal persons, entities and
bodies whose funds and economic resources are frozen, this
provision should be declared inapplicable as it contravenes the
principle of proportionality.

that a mandatory listing of

The applicant considers
the
subsidiary is unnecessary and inappropriate to achieve the
purposes of the regulation, as the listing of the parent company
prevents a subsidiary based in the European Union from taking
instructions from its parent company which would directly or
indirectly circumvent the effect of
the parent
company.

the listing of

the said
Finally, the applicant claims that Article 7(2)(d) of
Council regulation should be interpreted so as to give the
Council a discretionary power to list a subsidiary of a listed
parent company and not so as to impose an obligation on the
Council in this sense.

(1) OJ 2008 L 163, p. 29.
(2) OJ 2008 C 197, p. 34.
(3) Council Regulation (EC) No 423/2007 of 19 April 2007 concerning

restrictive measures against Iran (OJ 2007 L 103, p. 1).

Order of the Court of First Instance of 14 July 2008 —
Hotel Cipriani v Commission

(Case T-254/00 R)

(2008/C 247/46)

Language of the case: Italian

The President of the Court of First Instance has ordered that the
case be removed from the register.

Order of the Court of First Instance (Seventh Chamber) of
10 July 2008 — Cornwell v Commission

(Case T-102/04) (1)

(2008/C 247/47)

Language of the case: French

The President of the Court of First Instance (Seventh Chamber)
has ordered that the case be removed from the register.

(1) OJ C 106, 30.4.2004.