9.3.2015

Official Journal of the European Union

C 81/14

(Case T-176/12) (<span class="super">1</span>)

((Common foreign and security policy - Restrictive measures against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Error of assessment))

(2015/C 081/17)

Language of the case: English

Parties

Applicant: Bank Tejarat (Tehran, Iran) (represented by: S. Zaiwalla, P. Reddy, F. Zaiwalla and Z. Burbeza, Solicitors, D. Wyatt QC, and R. Blakeley, Barrister)

Defendant: Council of the European Union (represented by: M. Bishop and S. Cook, acting as Agents)

Re:

Application for the annulment in part, with immediate effect, of Council Decision 2012/35/CFSP of 23 January 2012, amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2012 L 19, p. 22), of Council Implementing Regulation (EU) No 54/2012 of 23 January 2012 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran (OJ 2012 L 19, p. 1), of Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (OJ 2012 L 88, p. 1) and of Council Implementing Regulation (EU) No 709/2012 of 2 August 2012 implementing Regulation (EU) No 267/2012 (OJ 2012 L 208, p. 2).

Operative part of the judgment

The Court:

1.Annuls, in so far as they concern Bank Tejarat:

—Point 2 of Table I.B in Annex I to Council Decision 2012/35/CFSP of 23 January 2012, amending Decision 2010/413/CFSP on restrictive measures against Iran;

—Point 2 of Table I.B in Annex I to Council Implementing Regulation (EU) No 54/2012 of 23 January 2012, implementing Regulation (EU) No 961/2010 on the adoption of restrictive measures against Iran;

—Point 105 of Table I.B in Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 on the adoption of restrictive measures against Iran and repealing Regulation (EU) No 961/2010;

—Point 5 of Annex II to Council Implementing Regulation (EU) No 709/2012 of 2 August 2012, implementing Regulation No 267/2012.

2.Dismisses the remainder of the action;

3.Declares that the effects of Council Decision 2010/413/CFSP of 26 July 2010 on restrictive measures against Iran and repealing Common Position 2007/140/CFSP, as amended by Decision 2012/35, are maintained as regards Bank Tejarat until the annulment of Regulation No 267/2012 and Implementing Regulation No 709/2012 takes effect;

4.Orders the Council of the European Union to pay the costs.

*

Language of the case: English.

(1) OJ C 174, 16.6.2012.