This document is an excerpt from the EUR-Lex website
Document 62009CA0548
Case C-548/09 P: Judgment of the Court (Grand Chamber) of 16 November 2011 — Bank Melli Iran v Council of the European Union; French Republic; United Kingdom of Great Britain and Northern Ireland; European Commission (Appeals — Common foreign and security policy — Restrictive measures against the Islamic Republic of Iran to prevent nuclear proliferation — Freezing of the funds of a bank — Failure to notify the decision — Legal basis — Rights of the defence)
Case C-548/09 P: Judgment of the Court (Grand Chamber) of 16 November 2011 — Bank Melli Iran v Council of the European Union; French Republic; United Kingdom of Great Britain and Northern Ireland; European Commission (Appeals — Common foreign and security policy — Restrictive measures against the Islamic Republic of Iran to prevent nuclear proliferation — Freezing of the funds of a bank — Failure to notify the decision — Legal basis — Rights of the defence)
Case C-548/09 P: Judgment of the Court (Grand Chamber) of 16 November 2011 — Bank Melli Iran v Council of the European Union; French Republic; United Kingdom of Great Britain and Northern Ireland; European Commission (Appeals — Common foreign and security policy — Restrictive measures against the Islamic Republic of Iran to prevent nuclear proliferation — Freezing of the funds of a bank — Failure to notify the decision — Legal basis — Rights of the defence)
SL C 25, 28.1.2012, p. 6–6
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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28.1.2012 |
EN |
Official Journal of the European Union |
C 25/6 |
Judgment of the Court (Grand Chamber) of 16 November 2011 — Bank Melli Iran v Council of the European Union; French Republic; United Kingdom of Great Britain and Northern Ireland; European Commission
(Case C-548/09 P) (1)
(Appeals - Common foreign and security policy - Restrictive measures against the Islamic Republic of Iran to prevent nuclear proliferation - Freezing of the funds of a bank - Failure to notify the decision - Legal basis - Rights of the defence)
(2012/C 25/09)
Language of the case: French
Parties
Appellant: Bank Melli Iran (represented by: L. Defalque, avocate)
Other parties to the proceedings: Council of the European Union (represented by: M. Bishop and R. Szostak, acting as Agents); French Republic (represented by: E. Belliard, G. de Bergues, L. Butel and E. Ranaivoson, acting as Agents); United Kingdom of Great Britain and Northern Ireland (represented by: S. Hathaway, acting as Agent, and D. Beard, Barrister); European Commission (represented by: S. Boelaert and M. Konstantinidis, acting as Agents)
Re:
Appeal brought against the judgment delivered by the Court of First Instance (Second Chamber) on 14 October 2009 in Case T-390/08 Bank Melli Iran v Council by which the Court dismissed the appellant’s action for annulment of paragraph 4 of Table B in the annex to Council Decision 2008/475/EC of 23 June 2008 implementing Article 7(2) of Regulation (EC) No 423/2007 concerning restrictive measures against Iran (OJ 2008 L 163, p. 29) in so far as it relates to Bank Melli Iran and its branches — No individual notification of that decision — Breach of essential procedural requirements — No legal basis for the decision to freeze the appellant’s funds — Failure to respect the rights of the defence and the principle of effective judicial protection — Infringement of the principle of proportionality and of the right to property
Operative part of the judgment
The Court:
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1. |
Dismisses the appeal; |
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2. |
Orders Bank Melli Iran to pay the costs. |