Judgment of the General Court of 5 June 2019 — Bank Saderat v Council

(Case T-433/15) (1)

(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 255/38)

Language of the case: English

Parties

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

Defendant: Council of the European Union (represented by: initially M. Bishop and N. Rouam, and subsequently M. Bishop and H. Marcos Fraile, Agents)

Intervener in support of the defendant: European Commission (represented by: initially M. Konstantinidis and D. Gauci, and subsequently M. Konstantinidis, A. Tizzano and C. Zadra, Agents)

Re:

Application based on Article 268 TFEU for compensation for the damage allegedly sustained by the applicant as a result of the inclusion of its name on the list of designated persons and entities in Council Regulation (EC) No 423/2007 of 19 April 2007 concerning restrictive measures against Iran (OJ 2007 L 103, p. 1), Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation No 423/2007 (OJ 2010 L 281, p. 1), 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).

Operative part of the judgment

The Court:

1.	Dismisses the action;

2.	Orders Bank Saderat plc 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

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(1)  OJ C 320, 28.9.2015.