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