Joined Cases T-4/11 and T-5/11: Judgment of the General Court of 6 September 2013 — Export Development Bank of Iran v Council (Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Error of assessment)
Date: 2013-09-06
Institutions: General Court
Subjects: Iran, capital movement, common foreign and security policy, economic sanctions, equal treatment, international sanctions, legal basis, nuclear non-proliferation, principle of proportionality, right to justice, rights of the defence








C_2013304EN.01001102.xml










19.10.2013   


EN


Official Journal of the European Union


C 304/11





Judgment of the General Court of 6 September 2013 — Export Development Bank of Iran v Council
(Joined Cases T-4/11 and T-5/11) (1)

(Common foreign and security policy - Restrictive measures against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Obligation to state reasons - Rights of the defence - Right to effective judicial protection - Error of assessment)
2013/C 304/21
Language of the case: French

Parties


Applicant: Export Development Bank of Iran (Tehran, Iran) (represented by: J.-M. Thouvenin, lawyer)

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

Intervener in support of the defendant: European Commission (represented by: M. Konstantinidis and A. Bordes, acting as Agents)

Re:

Application for (i) a declaration that Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ 2010 L 195, p. 39) is inapplicable to the applicant; (ii) annulment of Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007 (OJ 2010 L 281, p. 1), 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), and Council Regulation (EU) No 1263/2012 of 21 December 2012 amending Regulation No 267/2012 (OJ 2012 L 356, p. 34), and of all future regulations which might supplement or replace those regulations pending final judgment in the action, in so far as those acts concern the applicant; (iii) annulment of Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413 (OJ 2010 L 281, p. 81), Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413 (OJ 2011 L 319, p. 71), Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation No 961/2010 (OJ 2011 L 319, p. 11), and Council Decision 2012/829/CFSP of 21 December 2012 amending Decision 2010/413 (OJ 2012 L 356, p. 71), and of all future measures which might supplement or replace those measures pending final judgment in the action, in so far as those measures concern the applicant; and (iv) annulment of the decisions contained in the letters of 28 October 2010 and 5 December 2011.

Operative part of the judgment

The Court:






1.


Annuls the following measures in so far as they concern Export Development Bank of Iran:






—


Annex II to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP, as amended by Council Decision 2010/644/CFSP of 25 October 2010, and subsequently by Council Decision 2011/783/CFSP of 1 December 2011;










—


Decision 2010/644;










—


Annex VIII to Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007, as amended by Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation No 961/2010;










—


Decision 2011/783;










—


Implementing Regulation No 1245/2011;










—


Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation No 961/2010;














2.


Orders the effects of Annex II to Decision 2010/413, as amended by Decision 2010/644 and subsequently by Decision 2011/783, to be maintained as regards Export Development Bank of Iran until the annulment of Annex IX to Regulation No 267/2012 takes effect, in so far as it concerns Export Development Bank of Iran;










3.


Declares that there is no need to adjudicate on the application for a declaration that Decision 2010/413 is not applicable to Export Development Bank of Iran;










4.


Dismisses the action as to the remainder;










5.


Orders the Council of the European Union to bear its own costs and to pay the costs of Export Development Bank of Iran;










6.


Orders the European Commission to bear its own costs.






(1)  OJ C 72, 5.3.2011.