CELEX: 62011TA0024
Language: en
Date: 2013-09-06 00:00:00
Title: Case T-24/11: Judgment of the General Court of 6 September 2013 — Bank Refah Kargaran 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)

19.10.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 304/14
            
         Judgment of the General Court of 6 September 2013 — Bank Refah Kargaran v Council
   (Case T-24/11) (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)
   2013/C 304/24
   Language of the case: French
   
      Parties
   
   
      Applicant: Bank Refah Kargaran (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 initially by F. Erlbacher and M. Konstantinidis, and subsequently by A. Bordes and M. Konstantinidis, 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 Bank Refah Kargaran:
               
                           —
                        
                        
                           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 Bank Refah Kargaran until the annulment of Annex IX to Regulation No 267/2012 takes effect, in so far as it concerns Bank Refah Kargaran;
            
         
               3.
            
            
               Declares that there is no need to adjudicate on the application for a declaration that Decision 2010/413 is not applicable to Bank Refah Kargaran;
            
         
               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 Bank Refah Kargaran;
            
         
               6.
            
            
               Orders the European Commission to bear its own costs.
            
         
      (1)  OJ C 80, 12.3.2011.