28.9.2015

EN

Official Journal of the European Union

C 320/40

(Case T-433/15)

(2015/C 320/58)

Language of the case: English

Parties

Applicant: Bank Saderat plc (London, United Kingdom) (represented by: S. Jeffrey, S. Ashley and A. Irvine, Solicitors, and M-E. Demetriou and R. Blakeley, Barristers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:

—condemn the Council to pay the following sums to the applicant:

—€ 8 8 9 06 191 in respect of material damage up until the date of this claim;

—€ 8 7 13 285 in respect of interest on the sum in sub-paragraph (1) above plus daily interest of € 10 377 until the date of judgment, in the alternative at the European Central Bank main refinancing rate + 2 % per annum until the date of judgment, in the further alternative at such rate and for such period as the Court thinks fit;

—a daily rate of € 54 716 in respect of material damage from the date of this claim until the end of the Claim Period;

—interest on the total sum calculated pursuant to sub-paragraph (3) above at the rate of 4,2601 % per annum until the date of judgment, in the alternative at the European Central Bank main refinancing rate + 2 % per annum until the date of judgment, in the further alternative at such rate and for such period as the Court thinks fit;

—€ 3 2 9 64 320 in respect of material damage from the date of the end of the Claim Period;

—€ 1 0 00 000 in respect of non-material damage;

—post-judgment interest on the sums in sub-paragraphs (1) to (6) above at the rate of 4,2601 % per annum until the date of payment, in the alternative at the European Central Bank main refinancing rate + 2 % per annum until the date of payment, in the further alternative at such rate and for such period as the Court thinks fit; and

—the Bank’s costs of this application;

—condemn the Council to pay the applicant’s costs.

Pleas in law and main arguments

The applicant puts forward that the EU Council’s imposition of restrictive measures on the applicant was a sufficiently serious breach of obligations intended to confer rights upon the applicant and accordingly the non-contractual liability of the EU is engaged.

According to the applicant, this breach was the direct cause of significant material and non-material harm to the applicant for which it is entitled to compensation.