Brussels, 06/09/2013 (Agence Europe) - In a series of verdicts returned on Friday 6 September, the General Court of the EU overturned the acts of the Council (decisions and regulations) freezing the assets of seven companies and the director of one of these, all identified as having been involved in the Iranian nuclear programme and therefore in nuclear proliferation. However, it upheld the inclusion of the banks Europäisch-Iranische Handelsbank and Bank Melli Iran on the list of entities the assets of which have been frozen.
In particular, the Court cancelled the freezing of the assets of Post Bank Iran (case T-13/11), Iran Insurance Company, Good Luck Shipping (T-57/12) and Export Development Bank of Iran (T-4/11 and T-5/11), as the Council was unable to prove the allegations it had made against these companies (intermediation and purchase of military materials under sanctions, falsification of documents, provision of financial services to companies which support the Iranians nuclear programme). It also overturned the measures to freeze the assets of Mr Bateni (T-42/12 and T-181/12), of Persia International Bank (T-493/10) and of Iranian Offshore Engineering & Construction Co (T-110/12), taking the view that the facts and evidence submitted by the Council (Bateni is or was a director of sanctioned companies, 60% of Persia International Bank is owned by Bank Mellat, which is subject to sanctions, Iranian Offshore Engineering & Construction has been the subject of three export denials) do not by themselves justify the adoption and/or maintenance of the restrictive measures. Lastly, it cancelled the measures taken against Bank Refah Kargaran (T-24-11), as the Council had breached the obligation to state reasons and the obligation to disclose to this bank the evidence used against it (the single reason given, that it had taken over ongoing operations from Bank Melli, is not sufficiently detailed).
However, the Court upheld the freezing of the assets of Europäisch-Iranische Handelsbank (case T-434/11), on the grounds that the allegations against this bank in the decision of December 2011 (activities carried out by the bank on behalf of other Iranian entities subject to sanctions [Bank Saderat, Bank Mellat]) justified the adoption and maintenance of the restrictive measures against it. Lastly, it dismissed the action of Bank Melli Iran in its entirety (cases T-35/10 and T-7/11), in particular on the grounds that the fact that this bank ensured that scholarships were paid on behalf of the Atomic Energy Organisation of Iran (AEOI) after restrictive measures have been adopted against AEOI by the UN Security Council constitutes support for nuclear proliferation.
The effects of any acts that have been annulled today by the Court will be maintained until the expiry of the period for bringing an appeal (two months and ten days from notification of the judgment) or, if an appeal is brought, once that appeal is dismissed. During that period, the Council can remedy the infringements established by adopting new restrictive measures with respect to the persons and entities concerned. (FG/transl.fl)