Judgment_paragraph 38 · Samir Hassan v Council of the European Union (T-572/11)

38As a result of the case-law, if the application for the adaptation of claim relates to an act imposing restrictive measures on a person or entity that has not been communicated individually to the applicant, despite the institution knowing the applicant’s address, the time-limit for adaptation of the applicant’s heads of claim has not started to run, so that the applicant’s request cannot be considered to be out of time (see, to that effect, judgments in Joined Cases T‑35/10 and T‑7/11 Bank Melli Iran v Council [2013] ECR, paragraph 59, and of 16 September 2013 in Case T‑8/11 Bank Kargoshaei and Others v Council, not published in the ECR, paragraph 44). Therefore, in the present case, given that Decision 2011/782 and Regulation No 36/2011 were not communicated individually to the applicant even though the Council knew his address, the application for the claim to be adapted in relation to those acts must be considered as admissible.

Samir Hassan v Council of the European Union (T-572/11)

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