CELEX: 62015TN0433
Language: en
Date: 2015-07-27 00:00:00
Title: Case T-433/15: Action brought on 27 July 2015 — Bank Saderat v Conseil

28.9.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 320/40
            
         Action brought on 27 July 2015 — Bank Saderat v Conseil
   (Case T-433/15)
   (2015/C 320/58)
   Language of the case: English
   
      Parties
   
   
      Applicant: Bank Saderat plc (London, United Kingdom) (represented by: S. Jeffrey, S. Ashley and A. Irvine, Solicitors, and M-E. Demetriou and R. Blakeley, Barristers)
   
      Defendant: Council of the European Union
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               condemn the Council to pay the following sums to the applicant:
               
                           —
                        
                        
                           € 8 8 9 06  191 in respect of material damage up until the date of this claim;
                        
                     
                           —
                        
                        
                           € 8 7 13  285 in respect of interest on the sum in sub-paragraph (1) above plus daily interest of € 10  377 until the date of judgment, in the alternative at the European Central Bank main refinancing rate + 2 % per annum until the date of judgment, in the further alternative at such rate and for such period as the Court thinks fit;
                        
                     
                           —
                        
                        
                           a daily rate of € 54  716 in respect of material damage from the date of this claim until the end of the Claim Period;
                        
                     
                           —
                        
                        
                           interest on the total sum calculated pursuant to sub-paragraph (3) above at the rate of 4,2601 % per annum until the date of judgment, in the alternative at the European Central Bank main refinancing rate + 2 % per annum until the date of judgment, in the further alternative at such rate and for such period as the Court thinks fit;
                        
                     
                           —
                        
                        
                           € 3 2 9 64  320 in respect of material damage from the date of the end of the Claim Period;
                        
                     
                           —
                        
                        
                           € 1 0 00  000 in respect of non-material damage;
                        
                     
                           —
                        
                        
                           post-judgment interest on the sums in sub-paragraphs (1) to (6) above at the rate of 4,2601 % per annum until the date of payment, in the alternative at the European Central Bank main refinancing rate + 2 % per annum until the date of payment, in the further alternative at such rate and for such period as the Court thinks fit; and
                        
                     
                           —
                        
                        
                           the Bank’s costs of this application;
                        
                     
         
               —
            
            
               condemn the Council to pay the applicant’s costs.
            
         
      Pleas in law and main arguments
   
   The applicant puts forward that the EU Council’s imposition of restrictive measures on the applicant was a sufficiently serious breach of obligations intended to confer rights upon the applicant and accordingly the non-contractual liability of the EU is engaged.
   According to the applicant, this breach was the direct cause of significant material and non-material harm to the applicant for which it is entitled to compensation.