Case T-418/14: Judgment of the General Court of 18 October 2016 — Sina Bank v Council (Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Actions for annulment — Period allowed for commencing proceedings — Amendment of pleadings — Admissibility — Obligation to state reasons — Rights of defence — Right to effective judicial protection — Manifest error of assessment — Adjustment of the effects in time of an annulment)
Date: 2016-10-18
Institutions: General Court
Subjects: Iran, bank, common foreign and security policy, economic sanctions, international sanctions, nuclear non-proliferation, right to justice, rights of the defence, trade restriction








C_2016441EN.01001601.xml










28.11.2016   


EN


Official Journal of the European Union


C 441/16






Judgment of the General Court of 18 October 2016 — Sina Bank v Council
(Case T-418/14) (1)

((Common foreign and security policy - Restrictive measures taken against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Actions for annulment - Period allowed for commencing proceedings - Amendment of pleadings - Admissibility - Obligation to state reasons - Rights of defence - Right to effective judicial protection - Manifest error of assessment - Adjustment of the effects in time of an annulment))
(2016/C 441/20)
Language of the case: English

Parties


Applicant: Sina Bank (Tehran, Iran) (represented by: B. Mettetal and C. Wucher-North, lawyers)

Defendant: Council of the European Union (represented by: B. Driessen and D. Gicheva, acting as Agents)

Re:

Action under Article 263 TFEU for the annulment, on the one hand, of the Council decision, as contained in the notice published on 15 March 2014 for the attention of the persons and entities subject to the restrictive measures provided for in Council Decision 2010/413/CFSP and in Council Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2014 C 77, p. 1), to maintain the applicant’s name on the list in Annex II to 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), as amended by Council Decision 2010/644/CFSP of 25 October 2010 (OJ 2010 L 281, p. 81), and in Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (OJ 2012 L 88, p. 1), and, on the other, Council Decision 2014/776/CFSP of 7 November 2014 amending Decision 2010/413 (OJ 2014 L 325, p. 19), Council Implementing Regulation (EU) No 1202/2014 of 7 November 2014 implementing Regulation No 267/2012 (OJ 2014 L 325, p. 3), Council Decision 2015/1008/CFSP of 25 June 2015 amending Decision 2010/413 (OJ 2015 L 161, p. 19) and Council Implementing Regulation (EU) 2015/1001 of 25 June 2015 implementing Regulation No 267/2012 (OJ 2015 L 161, p. 1), in so far as those measures maintained the applicant’s name on the list in Annex II to Decision 2010/413, as amended by Decision 2010/644, and in Annex IX to Regulation No 267/2012.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Council of the European Union, as contained in the notice published on 15 March 2014 for the attention of the persons and entities subject to the restrictive measures provided for in Council Decision 2010/413/CFSP and in Council Regulation (EU) No 267/2012 concerning restrictive measures against Iran, to maintain the name of Sina Bank on the list in 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 in Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010;










2.


Annuls Council Decision 2014/776/CFSP of 7 November 2014 amending Decision 2010/413, Council Implementing Regulation (EU) No 1202/2014 of 7 November 2014 implementing Regulation No 267/2012, Council Decision (CFSP) 2015/1008 of 25 June 2015 amending Decision 2010/413, and Council Implementing Regulation (EU) 2015/1001 of 25 June 2015 implementing Regulation No 267/2012, in so far as those measures maintained the name of Sina Bank on the list in Annex II to Decision 2010/413, as amended by Decision 2010/644, or in Annex IX to Regulation No 267/2012;










3.


Maintains the effects of Decision 2015/1008, in respect of Sina Bank, from the date of its entry into force until the date of expiry of the period for bringing an appeal against the present judgment, referred to in the first paragraph of Article 56 of the Statute of the Court of Justice of the European Union, or, if an appeal has been brought within that period against the present judgment, until the date on which that appeal is dismissed;










4.


Orders the Council to pay the costs.






(1)  OJ C 282, 25.8.2014.