CELEX: 62011TA0015
Language: en
Date: 2012-12-11 00:00:00
Title: Case T-15/11: Judgment of the General Court of 11 December 2012 — Sina Bank v Council (Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Actions for annulment — Duty to state reasons)

26.1.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 26/41
            
         Judgment of the General Court of 11 December 2012 — Sina Bank v Council
   (Case T-15/11) (1)
   
   (Common foreign and security policy - Restrictive measures taken against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Actions for annulment - Duty to state reasons)
   2013/C 26/79
   Language of the case: English
   
      Parties
   
   
      Applicant: Sina Bank (Tehran, Iran) (represented by: B. Mettetal and C. Wucher-North, lawyers)
   
      Defendant: Council (represented by: M. Bishop and G. Marhic, acting as Agents)
   
      Intervener in support of the defendant: European Commission (represented by: F. Erlbacher and M. Konstantinidis, acting as Agents)
   
      Re:
   
   Annulment of, first, 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), in so far as the latter concerns the applicant, and, second, the ‘decision’ in the Council’s letter of 28 October 2010 concerning the applicant; and a declaration of inapplicability, as regards the applicant, of, first, 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 2007 L 195, p. 39), as resulting from Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413 (OJ 2010 L 281, p. 81), in so far as the latter concerns the applicant, second, Article 16(2) of Regulation No 961/2010 and, third, Article 20(1)(b) of Decision 2010/413.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Annuls 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 resulting from Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413, and 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, in so far as the latter concern Sina Bank;
            
         
               2.
            
            
               Orders that the effects of Annex II to Decision 2010/413, as resulting from Decision 2010/644, be maintained in relation to Sina Bank until annulment of Annex VIII to Regulation No 961/2010 takes effect;
            
         
               3.
            
            
               Dismisses the action as to the remainder;
            
         
               4.
            
            
               Orders the Council to bear two thirds of the costs incurred by Sina Bank and two thirds of its own costs;
            
         
               5.
            
            
               Orders Sina Bank to bear one third of its own costs and one third of the Council’s costs;
            
         
               6.
            
            
               Orders the European Commission to bear its own costs.
            
         
      (1)  OJ C 72, 5.3.2011.