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Case T-10/13: Judgment of the General Court of 29 April 2015 — Bank of Industry and Mine v Council (Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Action for annulment — Time limit for action — Admissibility — Plea of illegality — Error of law — Proportionality — Right to property — Competence of the Council — Obligation to state reasons — Rights of the defence — Review of the restrictive measures adopted — Right to effective judicial protection — Error of assessment)

ECLI:EU:UNKNOWN:62013TA0010

62013TA0010

April 29, 2015
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Official Journal of the European Union

C 198/32

(Case T-10/13) (<span class="super">1</span>)

((Common foreign and security policy - Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Action for annulment - Time limit for action - Admissibility - Plea of illegality - Error of law - Proportionality - Right to property - Competence of the Council - Obligation to state reasons - Rights of the defence - Review of the restrictive measures adopted - Right to effective judicial protection - Error of assessment))

(2015/C 198/42)

Language of the case: French

Parties

Applicant: Bank of Industry and Mine (Tehran, Iran) (represented by: E. Glaser and S. Perrotet, lawyers)

Defendant: Council of the European Union (represented by: V. Piessevaux and M. Bishop, Agents)

Re:

First, application for annulment in part of Article 1(8) of Council Decision 2012/635/CFSP of 15 October 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2012 L 282, p. 58) and, secondly, application for annulment of Council Decision 2012/635, of Council Implementing Regulation (EU) No 945/2012 of 15 October 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2012 L 282, p. 16), and of the decision communicated by the letter from the Council of 14 March 2014, in so far as it concerns 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), and in Annex IX to 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).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Bank of Industry and Mine to pay the costs.

(<span class="super">1</span>) OJ C 79, 16.3.2013.

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