Judgment_paragraph 2 · Bank Refah Kargaran v Council of the European Union (C-134/19 P)

2The background to the dispute is set out in paragraphs 1 to 13 of the judgment under appeal in the following terms:1. The present case has been brought in connection with the restrictive measures introduced in order to apply pressure on the Islamic Republic of Iran to end proliferation-sensitive nuclear activities and the development of nuclear weapon delivery systems.2. The [appellant], Bank Refah Kargaran, is an Iranian bank.3. On 26 July 2010, the [appellant]’s name was entered on the list of entities involved in nuclear proliferation in Annex II to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ 2010 L 195, p. 39). The inclusion of its name was motivated by the fact that it was alleged to have relayed ongoing operations of Bank Melli Iran following the adoption of the restrictive measures against the latter.4. Consequently, the [appellant]’s name was entered on the list for the same reason in Annex V to Council Regulation (EC) No 423/2007 of 19 April 2007 concerning restrictive measures against Iran (OJ 2007 L 103, p. 1), by Council Implementing Regulation (EU) No 668/2010 of 26 July 2010 implementing Article 7(2) of Regulation No 423/2007 (OJ 2010 L 195, p. 25). Following the repeal of Regulation No 423/2007 by Council Regulation (EU) No 961/2010 of 25 October 2010 concerning restrictive measures against Iran (OJ 2010 L 281, p. 1), the [appellant]’s name was entered on the list in Annex VIII to the latter regulation.5. By Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413 (OJ 2010 L 281, p. 81), the Council of the European Union maintained the [appellant]’s name on the list set out in Annex II to Decision 2010/413. Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413 (OJ 2011 L 319, p. 71) did not amend that list as far as the [appellant] was concerned.6 By Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation No 961/2010 (OJ 2011 L 319, p. 11), the [appellant]’s name was maintained on the list set out in Annex VIII to Regulation No 961/2010. Regulation No 961/2010 was repealed by Council Regulation (EU) No 267/2012 of 23 March 2012 on restrictive measures against Iran (OJ 2012 L 88, p. 1). The [appellant]’s name was included in the list in Annex IX to the latter regulation. The reasons given in respect of the [appellant] have not been altered.7. By application lodged at the Registry of the General Court on 19 January 2011, the [appellant] brought an action, registered as Case T‑24/11, for, inter alia, annulment of Decision 2010/644 and Regulation No 961/2010 in so far as those acts concerned it. The [appellant] then amended its claim in order to seek the annulment of Decision 2011/783, Implementing Regulation No 1245/2011 and Regulation No 267/2012, in so far as those legal acts concerned it.8. In paragraph 83 of the judgment of 6 September 2013, Bank Refah Kargaran v Council (T‑24/11, EU:T:2013:403, ‘the annulment judgment’), the [General] Court upheld the second plea raised by the [appellant], in so far as it relied on breach of the duty to state reasons.9. The [General] Court therefore annulled, in essence, the [appellant]’s inclusion in the lists in Annex II to Decision 2010/413, as amended by Decision 2010/644 and then by Decision 2011/783, in Annex VIII to Regulation No 961/2010, as amended by Implementing Regulation No 1245/2011, and in Annex IX to Regulation No 267/2012.10. In the annulment judgment, the [General] Court also held that the effects of Annex II to Decision 2010/413, as amended by Decision 2010/644 and subsequently by Decision 2011/783, were to be maintained as regards the [appellant] until the annulment of Annex IX to Regulation No 267/2012 took effect, in so far as that annex concerned the [appellant];11. Following the annulment judgment, by Council Decision 2013/661/CFSP of 15 November 2013 amending Decision 2010/413 (OJ 2013 L 306, p. 18), the [appellant]’s name was again included on the list in Annex II to Decision 2010/413.12. In consequence thereof, by Council Implementing Regulation (EU) No 1154/2013 of 15 November 2013 implementing Regulation No 267/2012 (OJ 2013 L 306, p. 3), the [appellant]’s name was again included on the list in Annex IX to Regulation No 267/2012. The following reason was given in respect of the [appellant]:“Entity providing support to the Government of Iran. It is 94 per cent owned by the Iranian Social Security Organisation, which in turn is controlled by the Government of Iran, and it provides banking services to government ministries.”13. By application lodged at the Registry of the General Court on 28 January 2014, the [appellant] brought an action seeking, inter alia, the annulment of Decision 2013/661 and Implementing Regulation No 1154/2013, in so far as those measures concerned it. By judgment of 30 November 2016, Bank Refah Kargaran v Council (T‑65/14, not published, EU:T:2016:692), the General Court dismissed the action. No appeal was brought against that judgment.’