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Document 62008TO0390

    Order of the President of the Court of First Instance of 15 October 2008.
    Bank Melli Iran v Council of the European Union.
    Applications for interim measures - Regulation (EC) No 423/2007 - Restrictive measures against the Islamic Republic of Iran - Council decision - Measure to freeze funds and economic resources - Application for suspension of operation of a measure - No urgency - Absence of serious and irreparable damage.
    Case T-390/08 R.

    European Court Reports 2008 II-00224*

    ECLI identifier: ECLI:EU:T:2008:446





    Order of the President of the Court of First Instance of 15 October 2008 – Bank Melli Iran v Council

    (Case T-390/08 R)

    Applications for interim measures – Regulation (EC) No 423/2007 – Restrictive measures against the Islamic Republic of Iran – Council decision – Measure to freeze funds and economic resources – Application for suspension of operation of a measure – No urgency – Absence of serious and irreparable damage

    1.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 21-23, 25-27)

    2.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Financial loss (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see para. 24)

    3.                     European Communities – Judicial review of the legality of the acts of the institutions (Arts 60 EC, 301 EC and 308 EC; Council Regulation No 423/2007) (see para. 39)

    4.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 40-43)

    Re:

    APPLICATION for suspension of the application of paragraph 4, section B, of 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 Bank Melli Iran is included in the list of legal persons, entities and bodies whose funds and economic resources are frozen.

    Operative part

    The Court:

    1.

    Dismisses the application for interim measures.

    2.

    Reserves the costs.

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