Case T-390/08 R: Order of the President of the Court of First Instance of 15 October 2008 — Bank Melli Iran 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: 2008-10-15
Institutions: Court of First Instance
Subjects: Council of the European Union, Iran, bank, economic sanctions, legal person, natural person

C 327/28

EN

Official Journal of the European Union

20.12.2008

Order of the President of the Court of First Instance of
17 September 2008 — Melli Bank v Council

(Case T-332/08 R)

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)

(2008/C 327/52)

Language of the case: English

Parties

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

Defendant: Council of
M. Bishop, and E. Finnegan, acting as Agents)

the European Union (represented by:

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)
Iran
No 423/2007 concerning restrictive measures against
(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.

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

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)
Iran
No 423/2007 concerning restrictive measures against
(OJ 2008 L 163, p. 29), in so far as Bank Melli Iran 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.

Appeal brought on 10 September 2008 by the Commission
of the European Communities against the judgment of the
Civil Service Tribunal delivered on 8 July 2008 in Case
F-76/07 Birkhoff v Commission

(Case T-377/08 P)

(2008/C 327/54)

Language of the case: German

Order of the President of the Court of First Instance of
15 October 2008 — Bank Melli Iran v Council

Parties

(Case T-390/08 R)

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)

(2008/C 327/53)

Language of the case: French

Appellant: Commission of the European Communities (repre-
sented by J. Currall and B. Eggers)

Other party
Germany)

to the proceedings: Gerhard Birkhoff

(Weitnau,

Form of order sought by the appellant

— Set aside the judgment of the Civil Service Tribunal delivered

on 8 July 2008 in Case F-76/07 Birkhoff v Commission;

Parties

Applicant: Bank Melli
L. Defalque, lawyer)

Iran (Tehran,

Iran)

(represented by:

— order Mr Birkhoff to pay the costs of the proceedings before

the Civil Service Tribunal and of the appeal.