Case C-430/16 P: Judgment of the Court (Second Chamber) of 6 September 2018 — Bank Mellat v Council of the European Union, European Commission, United Kingdom of Great Britain and Northern Ireland (Appeal — Common Foreign and Security Policy (CFSP) — Combating of nuclear proliferation — Restrictive measures against the Islamic Republic of Iran — Sector-specific measures — Restrictions on transfers of funds involving Iranian financial institutions — Strengthening of restrictions — Regime at issue adopted under the provisions of Decision 2012/635/CFSP and of Regulation (EU) No 1263/2012 — Implementation of the Joint Comprehensive Plan of Action on the Iranian nuclear issue — Lifting of all restrictive measures of the European Union related to this issue — Repeal of regime at issue in the course of proceedings before the General Court of the European Union — Effect on interest in bringing proceedings before the General Court — No continuation of interest in bringing proceedings)
Date: 2018-09-06
Institutions: Court of Justice
Subjects: EU restrictive measure, Iran, bank, economic sanctions, international sanctions, nuclear non-proliferation, nuclear weapon, trade restriction








C_2018399EN.01000301.xml










5.11.2018   


EN


Official Journal of the European Union


C 399/3






Judgment of the Court (Second Chamber) of 6 September 2018 — Bank Mellat v Council of the European Union, European Commission, United Kingdom of Great Britain and Northern Ireland
(Case C-430/16 P) (1)

((Appeal - Common Foreign and Security Policy (CFSP) - Combating of nuclear proliferation - Restrictive measures against the Islamic Republic of Iran - Sector-specific measures - Restrictions on transfers of funds involving Iranian financial institutions - Strengthening of restrictions - Regime at issue adopted under the provisions of Decision 2012/635/CFSP and of Regulation (EU) No 1263/2012 - Implementation of the Joint Comprehensive Plan of Action on the Iranian nuclear issue - Lifting of all restrictive measures of the European Union related to this issue - Repeal of regime at issue in the course of proceedings before the General Court of the European Union - Effect on interest in bringing proceedings before the General Court - No continuation of interest in bringing proceedings))
(2018/C 399/03)
Language of the case: English

Parties


Appellant: Bank Mellat (represented by: M. Brindle QC and T. Otty QC, J. MacLeod and R. Blakeley, Barristers, and S. Zaiwalla and Z. Burbeza, A. Meskarian and P. Reddy, Solicitors)

Other parties to the proceedings: Council of the European Union (represented by: M. Bishop and I. Rodios, acting as Agents), European Commission (represented by: D. Gauci and J. Norris-Usher and by M. Konstantinidis, acting as Agents), United Kingdom of Great Britain and Northern Ireland (represented by: S. Brandon, acting as Agent, and by M. Gray, Barrister)

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of the European Union of 2 June 2016, Bank Mellat v Council (T-160/13, EU:T:2016:331);










2.


Declares that there is no need to adjudicate on the action brought by Bank Mellat in Case T-160/13, seeking the annulment of Article 1, point 15, of Council Regulation (EU) No 1263/2012 of 21 December 2012 amending Regulation (EU) No 267/2012 concerning restrictive measures against Iran, or of that provision in so far as it does not provide for an exception applicable in respect of Bank Mellat, and its application for a declaration by the General Court of the European Union that Article 1, point 6, of Council Decision 2012/635/CFSP of 15 October 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran is not applicable to it;










3.


Orders Bank Mellat and the Council of the European Union each to bear their own costs both in the appeal proceedings and in the proceedings at first instance;










4.


Orders the United Kingdom of Great Britain and Northern Ireland and the European Commission to bear their own costs.






(1)  OJ C 371, 10.10.2016.