CELEX: 62012TA0067
Language: en
Date: 2014-06-04 00:00:00
Title: Case T-67/12: Judgment of the General Court of 4 June 2014  — Sina Bank v Council (Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Action for annulment — Measures against which no action may be brought — Inadmissibility — Rights of the defence)

21.7.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 235/14
            
         Judgment of the General Court of 4 June 2014 — Sina Bank v Council
   (Case T-67/12) (1)
   
   ((Common foreign and security policy - Restrictive measures taken against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Action for annulment - Measures against which no action may be brought - Inadmissibility - Rights of the defence))
   2014/C 235/18
   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:
   
   APPLICATION for annulment, first, of Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2011 L 319, p. 71), in so far as it maintained, after review, the listing of the applicant’s name 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 of Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran (OJ 2011 L 319, p. 11), in so far as it maintained, after review, the listing of the applicant’s name in 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 (OJ 2010 L 281, p. 1), and, secondly, of Article 16(2) of Regulation No 961/2010 and of Article 19(1)(b) and Article 20(1)(b) of Decision 2010/413, in so far as those provisions concern the applicant.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action as having been brought before a court that has no jurisdiction to hear it, in so far as it seeks annulment of Article 19(1)(b) and Article 20(1)(b) of Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP, and as being inadmissible, in so far as it seeks annulment of Article 16(2) of Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007;
            
         
               2.
            
            
               Annuls Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413 concerning restrictive measures against Iran, and Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation No 961/2010 on restrictive measures against Iran, in so far as those measures maintained, after review, the name of Sina Bank in Annex II to Decision 2010/413, as amended by Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413, and in Annex VIII to Regulation No 961/2010, respectively;
            
         
               3.
            
            
               Orders the Council of the European Union to bear four fifths of its own costs and to pay four fifths of the costs of Sina Bank;
            
         
               4.
            
            
               Orders Sina Bank to bear one fifth of its own costs and to pay one fifth of the Council’s costs.
            
         
      (1)  OJ C 109, 14.4.2012.