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CJEU - T 494/10 / Judgment

Bank Saderat Iran v Council
Deciding body type
Court of Justice of the European Union
Deciding body
General Court
Typ
Decision
Decision date
05/02/2013

Charta der Grundrechte der Europäischen Union

Title VI: Justice

Article 47 - Right to an effective remedy and to a fair trial

VIEW FULL CASE
  • CJEU - T 494/10 / Judgment
    Key facts of the case:
     
    APPLICATION for annulment of 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), Council Implementing Regulation (EU) No 668/2010 of 26 July 2010 implementing Article 7(2) of Regulation (EC) No 423/2007 concerning restrictive measures against Iran (OJ 2010 L 195, p. 25), Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413 (OJ 2010 L 281, p. 81), 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), Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413 (OJ 2011 L 319, p. 71), Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation No 961/2010 (OJ 2011 L 319, p. 11) and 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) in so far as those measures concern the applicant.
     
    Results (sanctions) and key consequences of the case:
     
    THE GENERAL COURT (Fourth Chamber) hereby:
    1. Annuls the following measures in so far as they concern Bank Saderat Iran:
    • point 7 of Table B of Annex II to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP;
    • point 5 of Table B of the Annex to Council Implementing Regulation (EU) No 668/2010 of 26 July 2010 implementing Article 7(2) of Regulation (EC) No 423/2007 concerning restrictive measures against Iran; 
    • point 7 of Table I.B of the Annex to Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413;
    • point 7 of Table B of 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;
    • Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413;
    • Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation No 961/2010;
    • point 7 of Table I.B of Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation No 961/2010.
    1. Orders the effects of Decision 2010/413, as amended by Decision 2010/644 and Decision 2011/783, to be maintained as regards Bank Saderat Iran until the annulment of Regulation No 267/2012 takes effect. 
    2. Dismisses the action as to the remainder.
    3. Orders the Council of the European Union to bear its own costs and to pay the costs of Bank Saderat Iran.
    4. Orders the European Commission to bear its own costs. 
  • Paragraphs referring to EU Charter

     

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