21.11.2009   

EN

Official Journal of the European Union

C 282/30

Appeal brought on 25 September 2009 by Melli Bank plc against the judgment of the Court of First Instance (Second Chamber) delivered on 9 July 2009 in Joined Cases T-246/08 and T-332/08: Melli Bank plc v Council of the European Union, supported by French Republic, United Kingdom of Great Britain and Northern Ireland, Commission of the European Communities

(Case C-380/09 P)

2009/C 282/52

Language of the case: English

Parties

Appellant: Melli Bank plc (represented by: S. Gadhia, Solicitor, T. Din, Solicitor, D. Anderson QC, R. Blakeley, Barrister)

Other parties to the proceedings: Council of the European Union, French Republic, United Kingdom of Great Britain and Northern Ireland, Commission of the European Communities

Form of order sought

The appellant claims that the Court should:

—

Set aside the contested judgment;

—

Allow the applications in Cases T-246/08 and T-332/08;

—

Annul paragraph 4 of Table B of the Annex to Council Decision 2008/475/EC (1) concerning restrictive measures against Iran, in so far as it relates to Melli Bank plc;

—

If the Court finds that Article 7(2)(d) of the Regulation is mandatory in effect, to declare Article 7(2)(d) of Council Regulation 423/2007/EC (2) inapplicable; and

—

Order the Council to pay the costs of the appeal and of the proceedings before the Court of First Instance.

Pleas in law and main arguments

The Appellant submits that in the Contested Judgment the CFI erred in law in a number of respects and in so doing acted in breach of Community law in four principal respects:

1)

The CFI erred in law in incorrectly interpreting Article 7(2)(d) of the Regulation as being a mandatory provision;

2)

The CFI erred in law in holding that Article 7(2)(d) of the Regulation was consistent with the Community law principle of proportionality;

3)

The CFI erred in law in the formulation and application of the test for determining whether the Appellant was owned and controlled by the Parent; and

4)

The CFI erred in law in concluding that the Council had satisfied its obligation to give reasons for its decision to list the Appellant.

Consequently, the Appellant requests that the Court of Justice:

1)

Set aside the Contested Judgment;

2)

Allow the applications in Cases T-246/08 and T-332/08;

3)

Annul paragraph 4 of Table B of the Annex to Council Decision 2008/475/EC concerning restrictive measures against Iran, in so far as it relates to Melli Bank plc;

4)

If the Court finds that Article 7(2)(d) of the Regulation purports to be mandatory in effect, declare Article 7(2)(d) of Council Regulation 423/2007/EC inapplicable; and

5)

Order the Council to pay the costs of the appeal and of the proceedings before the Court of First Instance.

(1)  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 L 163, p. 29

(2)  Council Regulation (EC) No 423/2007 of 19 April 2007 concerning restrictive measures against Iran,

OJ L 103, p. 1

OJ L 335M, p. 969 (MT)