CELEX: 62015TN0553
Language: en
Date: 2015-09-25 00:00:00
Title: Case T-553/15: Action brought on 25 September 2015 — Export Development Bank of Iran v Council

30.11.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 398/60
            
         Action brought on 25 September 2015 — Export Development Bank of Iran v Council
   (Case T-553/15)
   (2015/C 398/75)
   Language of the case: French
   
      Parties
   
   
      Applicant: Export Development Bank of Iran (Tehran, Iran) (represented by: J.-M. Thouvenin, lawyer)
   
      Defendant: Council of the European Union
   
      Form of order sought
   
   The applicant claims that the Court should hold:
   
               —
            
            
               that by adopting and maintaining in force the restrictive measure adopted by the Council of the European Union against EDBI, annulled by judgment of the General Court of 6 September 2013 (Cases T-4/11 and T-5/11), the Council of the European Union has incurred non-contractual liability on behalf of the European Union;
            
         
               —
            
            
               that in consequence, the European Union is required to make good the resulting harm suffered by the applicant;
            
         
               —
            
            
               that the material harm amounts to USD 5 6 4 70  860, that is to say EUR 5 0 5 08  718 at the current rate, to which sum must be added legal interest and any other sum justified;
            
         
               —
            
            
               that the non-material harm amounts to USD 7 4 1 32  366, that is to say EUR 6 6 20  613[sic] at the current rate, to which sum must be added legal interest and any other sum justified;
            
         
               —
            
            
               in the alternative, that all or part of the sums claimed in respect of non-material harm are to be regarded as falling within material harm and are to be recorded as such; and
            
         
               —
            
            
               that the Council must be ordered to pay the costs.
            
         
      Pleas in law and main arguments
   
   In support of the action, the applicant relies on six pleas in law, of which two concern the incurring of non-contractual liability on behalf of the European Union and four the harm resulting from the unlawful conduct of the Council of the European Union.
   
               —
            
            
               The incurring of non-contractual liability on behalf of the European Union
               
                           1.
                        
                        
                           First plea in law, alleging unlawful conduct on the part of the Council (adoption and maintenance in force of a freezing of the applicant’s funds), duly held by judgment of 6 September 2013 in Export Development Bank of Iran v Council, T-4/11 and T-5/11, EU:T:2013:400.
                        
                     
                           2.
                        
                        
                           Second plea in law, alleging that the unlawful conduct committed by the Council is a sufficiently serious breach of the rules of law intended to confer rights on individuals.
                        
                     
         
               —
            
            
               The harm resulting from the unlawful conduct of the Council of the European Union
               
                           3.
                        
                        
                           Third plea in law, alleging the ceasing of documentary credit activities by the applicant as a direct consequence of the unlawful measure.
                        
                     
                           4.
                        
                        
                           Fourth plea in law, alleging loss of earnings consequent upon the applicant’s inability to access its funds frozen in the European Union.
                        
                     
                           5.
                        
                        
                           Fifth plea in law, alleging the harm consequent upon the interruption to currency transfers.
                        
                     
                           6.
                        
                        
                           Sixth plea in law, alleging non-material harm.