Case T-8/21: Judgment of the General Court of 12 July 2023 — IFIC Holding v Commission (Commercial policy — Protection against the effects of the extraterritorial application of legislation adopted by a third country — Restrictive measures taken by the United States against Iran — Secondary sanctions preventing natural or legal persons of the European Union from having commercial relationships with the undertakings subject to those measures — Prohibition on complying with such legislation — Second paragraph of Article 5 of Regulation (EC) No 2271/96 — Commission decision authorising a legal person of the European Union to comply with that legislation — Obligation to state reasons — Retroactive effect of the authorisation — Taking into account of the interests of the undertaking subject to the restrictive measures taken by the third country — Right to be heard)
Date: 2023-07-12
Institutions: General Court
Subjects: Iran, United States, application of EU law, economic sanctions, extra-territoriality, international sanctions, international trade, legal person, retroactivity of a law, rights of the defence








C_2023329EN.01002001.xml










18.9.2023   


EN


Official Journal of the European Union


C 329/20






Judgment of the General Court of 12 July 2023 — IFIC Holding v Commission
(Case T-8/21) (1)

(Commercial policy - Protection against the effects of the extraterritorial application of legislation adopted by a third country - Restrictive measures taken by the United States against Iran - Secondary sanctions preventing natural or legal persons of the European Union from having commercial relationships with the undertakings subject to those measures - Prohibition on complying with such legislation - Second paragraph of Article 5 of Regulation (EC) No 2271/96 - Commission decision authorising a legal person of the European Union to comply with that legislation - Obligation to state reasons - Retroactive effect of the authorisation - Taking into account of the interests of the undertaking subject to the restrictive measures taken by the third country - Right to be heard)
(2023/C 329/28)
Language of the case: German

Parties


Applicant: IFIC Holding AG (Düsseldorf, Germany) (represented by: C. Franz and N. Bornemann, lawyers)

Defendant: European Commission (represented by: M. Kellerbauer, acting as Agent)

Intervener in support of the defendant: Clearstream Banking AG (Eschborn, Germany) (represented by: C. Schmitt and T. Bastian, lawyers)

Re:

By its action under Article 263 TFEU, the applicant seeks annulment of Commission Implementing Decision C(2020) 2813 final of 28 April 2020 granting an authorisation to the intervener pursuant to the second paragraph of Article 5 of Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (OJ 1996 L 309, p. 1), of Commission Implementing Decision C(2021) 3021 final of 27 April 2021 granting an authorisation to the intervener pursuant to the second paragraph of Article 5 of Regulation No 2271/96 and of Commission Implementing Decision C(2022) 2775 final of 26 April 2022, granting an authorisation to the intervener pursuant to the second paragraph of Article 5 of Regulation No 2271/96.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders IFIC Holding AG to bear its own costs and to pay those incurred by the European Commission;










3.


Orders Clearstream Banking AG to bear its own costs.






(1)  
            OJ C 62, 22.2.2021.