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CJEU - T 496/10 / Judgment

Bank Mellat v Council of European Union
Deciding body type
Court of Justice of the European Union
Deciding body
General Court (Fourth Chamber)
Type
Decision
Decision date
29/01/2013
ECLI (European case law identifier)
ECLI:EU:T:2013:39

Cairt um Chearta Bunúsacha an Aontais Eorpaigh

Title V: Citizens' rights

Article 41 - Right to good administration

Title VI: Justice

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

Title II: Freedoms

Article 17 - Right to property

VIEW FULL CASE
  • CJEU - T 496/10 / Judgment
    Key facts of the case:
     
    Common foreign and security policy - Restrictive measures against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Obligation to state reasons - Rights of the defence - Right to effective judicial protection - Manifest error of assessment.
     
    Outcome of the case:

    THE GENERAL COURT (Fourth Chamber) hereby:

    1. Annuls the following measures in so far as they concern Bank Mellat:

    — point 4 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 2 of Table B to 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 4 of Table I.B in the Annex to Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413;

    — point 4 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 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 4 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;

    2. Orders the Council of the European Union to bear its own costs and to pay the costs of Bank Mellat;

    3. Orders the European Commission to bear its own costs.

  • Paragraphs referring to EU Charter

     

    35-46, 56, 105-108