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Case T-37/17: Judgment of the General Court of 16 May 2019 — Bank Tejarat v Council (Non-contractual liability — Common foreign and security policy — Restrictive measures against Iran — Freezing of funds — Restriction on admission to the territory of the Member States — Compensation for the damage allegedly sustained by the applicant following its inclusion and re-inclusion in the list of persons and entities subject to the restrictive measures at issue — Sufficiently serious breach of a rule of law conferring rights on individuals)

ECLI:EU:UNKNOWN:62017TA0037

62017TA0037

May 16, 2019
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8.7.2019

Official Journal of the European Union

C 230/29

(Case T-37/17) (*)

(Non-contractual liability - Common foreign and security policy - Restrictive measures against Iran - Freezing of funds - Restriction on admission to the territory of the Member States - Compensation for the damage allegedly sustained by the applicant following its inclusion and re-inclusion in the list of persons and entities subject to the restrictive measures at issue - Sufficiently serious breach of a rule of law conferring rights on individuals)

(2019/C 230/35)

Language of the case: English

Parties

Applicant: Bank Tejarat (Tehran, Iran) (represented by: S. Zaiwalla, P. Reddy, K. Mittal, A. Meskarian, Solicitors, T. Otty QC, R. Blakeley, V. Zaiwalla, H. Leith, Barristers, and T. de la Mare QC)

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

Intervener in support of the defendant: European Commission (represented by: L. Havas and J. Norris, Agents)

Re:

Application based on Article 268 TFEU for compensation for the damage allegedly sustained by the applicant as a result 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), 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 Council Implementing Regulation (EU) No 709/2012 of 2 August 2012 implementing Regulation No 267/2012 (OJ 2012 L 208, p. 2).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Bank Tejarat to bear its 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: English.

ECLI:EU:C:2019:140

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