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Case T-455/17: Judgment of the General Court of 7 July 2021 — Bateni v Council (Non-contractual liability — Common foreign and security policy — Restrictive measures against Iran — List of persons and entities subject to the freezing of funds and economic resources — Jurisdiction of the General Court — Limitation period — Sufficiently serious breach of a rule of law conferring rights on individuals)
ECLI:EU:UNKNOWN:62017TA0455
62017TA0455
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23.8.2021
Official Journal of the European Union
C 338/17
(Case T-455/17) (<span class="oj-super oj-note-tag">1</span>)
(Non-contractual liability - Common foreign and security policy - Restrictive measures against Iran - List of persons and entities subject to the freezing of funds and economic resources - Jurisdiction of the General Court - Limitation period - Sufficiently serious breach of a rule of law conferring rights on individuals)
(2021/C 338/21)
Language of the case: German
Parties
Applicant: Naser Bateni (Hamburg, Germany) (represented by: M. Schlingmann, lawyer)
Defendant: Council of the European Union (represented by: .-P. Hix and M. Bishop, acting as Agents)
Intervener in support of the defendant: European Commission (represented by: C. Hödlmayr, J. Roberti di Sarsina and M. Kellerbauer, acting as Agents)
Re:
Action based on Articles 268 and 340 TFEU and seeking compensation for the losses which the applicant allegedly suffered following the listing of his name in the lists set out, first, 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), by means of Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413 (OJ 2011 L 319, p. 71), and 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), by means of Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation No 961/2010 (OJ 2011 L 319, p. 11), secondly, in Annex IX to 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, thirdly, in the Annex to Council Decision 2013/661/CFSP of 15 November 2013 amending Decision 2010/413 (OJ 2013 L 306, p. 18), and in the Annex to Council Implementing Regulation (EU) No 1154/2013 of 15 November 2013 implementing Regulation No 267/2012 (OJ 2013 L 306, p. 3).
Operative part of the judgment
The Court:
1.Dismisses the action as in part inadmissible and in part unfounded;
2.Orders Mr Bateni to bear his own costs and to pay those incurred by the Council of the European Union;
3.Orders the European Commission to bear its own costs.
* Language of the case: German.
(1) OJ C 300, 11.9.2017.