Case T-246/08 R: Order of the President of the Court of First Instance of 27 August 2008 — Melli Bank v Council (Applications for interim measures — Regulation (EC) No 423/2007 — Restrictive measures against the Islamic Republic of Iran — Council decision — Measure to freeze funds and economic resources — Application for suspension of operation of a measure — No urgency — Absence of serious and irreparable damage)
Date: 2008-08-27
Institutions: Court of First Instance
Subjects: Council of the European Union, Iran, action for annulment (EU), dual-use good, economic sanctions, export monitoring, international sanctions, nuclear non-proliferation, technology transfer

11.10.2008

EN

Official Journal of the European Union

C 260/13

COURT OF FIRST INSTANCE

Order of the President of the Court of First Instance of
27 August 2008 — Melli Bank v Council

(Case T-246/08 R)

Appeal brought on 8 July 2008 by Stanislava Boudova and
Others against the order of the Civil Service Tribunal
delivered on 21 April 2008 in Case F-78/07, Boudova and
Others v Commission

for

(Applications
interim measures — Regulation (EC)
No 423/2007 — Restrictive measures against the Islamic
Republic of Iran — Council decision — Measure to freeze
funds and economic resources — Application for suspension
of operation of a measure — No urgency — Absence of
serious and irreparable damage)

(Case T-271/08 P)

(2008/C 260/24)

Language of the case: French

(2008/C 260/23)

Language of the case: English

Parties

Parties

Appellants: Stanislava Boudova (Howald, Luxembourg), Adovica
(Luxembourg, Luxembourg), Kuba (Konz, Germany), Puciriuss
Belgium),
(Luxembourg,
Szyprowska
(Luxembourg,
Luxembourg), Vaituleviciene (Luxembourg, Luxembourg) (repre-
sented by Marc-Albert Lucas, lawyer)

Strzelecka
Luxembourg), Tibai

Luxembourg),

(Berbourg,

(Arlon,

Applicant: Melli Bank plc (London, United Kingdom)
(repre-
sented by: R. Gordon, QC, J. Stratford, M. Hoskins, Barristers,
R. Gwynne and T. Din, Solicitors)

Other party to the proceedings: Commission of
Communities

the European

Defendant: Council of the European Union (represented by: M.
Bishop and E. Finnegan, acting as Agents)

Form of order sought by the appellants

Interveners in support of the defendant: United Kingdom of
Great Britain and Northern Ireland (represented by: V. Jackson,
acting as Agent, and S. Lee, Barrister) and French Republic
(represented by: E. Belliard, G. de Bergues and L. Butel, acting as
Agents)

— annul the order of the Civil Service Tribunal of the European

Union of 21 April 2008 in Case F-78/07;

— grant the forms of order sought by the appellants in the

application at first instance;

Re:

Application for suspension of the application of paragraph 4,
section B, of the Annex to Council Decision 2008/475/EC of
23 June 2008 implementing Article 7(2) of Regulation (EC)
No 423/2007 concerning restrictive measures against
Iran
(OJ 2008 L 163, p. 29), in so far as Melli Bank plc is included
in the list of legal persons, entities and bodies whose funds and
economic resources are frozen.

Operative part of the order

1. The application for interim measures is dismissed.

2. The costs are reserved.

— order the Commission to pay the costs of both sets of

proceedings.

Pleas in law and main arguments

By the present appeal, the appellants seek the annulment of the
order of the Civil Service Tribunal (CST) of 21 April 2008 in
Case F-78/07 Boudova and Others v Commission by which the
CST dismissed as manifestly inadmissible the action by which
the decision
the appellants had sought
rejecting their application for the revision of the classification in
grade established by the decisions to recruit them.

the annulment of

In support of their appeal, the appellants submit, first, that the
CST infringed its obligation to state reasons in paragraph 38 of
the contested order in so far as they were recruited to tempora-
rily fill permanent posts included in the list of posts and not to
replace officials or temporary servants who were unable for the
time being to perform their duties, with the result that they
were in actual fact — or should have been — recruited as
temporary servants, or at the very least were in a position analo-
gous to that of temporary servants.