24.9.2011

Official Journal of the European Union

C 282/31

Action brought on 22 July 2011 — Safa Nicu Sepahan v Council

(Case T-384/11)

2011/C 282/63

Language of the case: English

Parties

Applicant: Safa Nicu Sepahan (Isfahan, Iran) (represented by: A. Bahrami, lawyer)

Defendant: Council of the European Union

Form of order sought

—

Declare that entry No. 19 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 (OJ 2010 L 281, p. 1), as amended by Council Implementing Regulation (EU) No 503/2011 of 23 May 2011 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran (OJ 2011 L 136, p. 26), is null and void;

—	Declare that the defendant has violated Article 265 TFEU by failing to examine the applicant’s request dated 7 June 2011 for reconsideration of entry No 19;

—	Order removal of the name of the applicant from EU list of sanctions;

—	Award the applicant compensation, for an amount to be determined in the course of the present proceedings, but not less than EUR 2 000 000,00; and

—	Order the defendant to pay the applicant’s costs.

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.

1.	First plea in law, alleging that the Council committed a manifest error of appreciation as the inclusion of the name of the applicant on the list of persons and entities subject to restrictive measures is erroneous, misleading, unspecific, incomplete and, therefore, plainly illegal.

2.	Second plea in law, alleging that the Council has manifestly failed to state the reasons for the inclusion of the name of the applicant on the list of persons and entities subject to restrictive measures.