Melli Bank plc v Council of the European Union (C-380/09 P)
law://eu/cjeu/2009/c-380-09/para_40@2026-11-14
Key facts
Court
Court of Justice · Grand Chamber
Case
C-380/09 P · ECLI:EU:C:2012:137
Decided
13 Mar 2012
Procedure
Action for annulment
Applicant
Melli Bank plc
Rapporteur
A. Rosas
Advocate General
P. Mengozzi
Bench
13 judgesV. Skouris, A. Tizzano, J.N. Cunha Rodrigues, K. Lenaerts, J.-C. Bonichot, A. Prechal, A. Rosas, R. Silva de Lapuerta, K. Schiemann, E. Juhász, D. Šváby, M. Berger, E. Jarašiūnas
40The General Court was right to hold in paragraphs 64 and 65 of the judgment under appeal that, with regard to the words ‘have been identified’ appearing in the introductory part of Article 7(2) of Regulation No 423/2007, the classification as an entity ‘owned or controlled’ must be the subject of a case-by-case evaluation by the Council, by reference, inter alia, to the degree to which the entities concerned are owned or controlled. The General Court was also right to hold in paragraphs 63 and 69 of that judgment that, with regard to the use of the words ‘shall be frozen’ in that same provision of Regulation No 423/2007, a fund-freezing measure must be adopted in respect of an entity identified by the Council as being owned or controlled by an entity which is itself identified as being engaged in nuclear proliferation, and the reason for the adoption of that measure need not be that the entity owned or controlled is itself engaged in nuclear proliferation.