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2012-12 E.C.R. 1 (2012)

handle is hein.intyb/rrjucfis0154 and id is 1 raw text is: 





ZCVRLA


        Case  T-15/11

          Sina Bank
              V
Council of the European Union


(Common   foreign and security policy
  preventing nuclear proliferation -


-  Restrictive measures taken against Iran with the aim of
Freezing of funds - Actions for annulment - Duty to
   state reasons)


Summary  -  Judgment of the General Court (Fourth Chamber), 11 December 2012


1.  Actions for annulment - Actionable measures -
    effects - Purely informative measure - Not includ

    (Art. 263 TFEU)


Concept -  Measures producing binding legal


2.  Judicial proceedings
    motion - Discretion


Absolute  bar to proceeding
Limits


To be  considered of the Court's own


    (Rules of Procedure of the General Court, Art. 113)

3.  Plea of illegality - Incidental nature - Applicant having the right to bring an annulment action
    against the measure forming the subject-matter of the plea but not having used it - Not possible
    to plead illegality as an interlocutory issue

    (Art. 277 TFEU)


4.  Judicial proceedings -   Application initiating proceedings -  Formal
    Brief summary of the pleas in law on which the application is based - Pleas
    objection of illegality not set out in the application - Inadmissibility of the plea


requirements -
in support of the


    (Arts 263 TFEU and 277 TFEU; Rules of Procedure of the General Court, Art. 44(1)(c))

5.  Acts of the institutions - Statement of reasons - Obligation - Scope - Correction of an error of
    reasoning during the proceedings before the Court - Not permissible

    (Art. 296 TFEU)

6.  European Union  -  Common  foreign and security policy - Restrictive measures against Iran -
    Freezing of funds of persons, entities or bodies engaged in or supporting nuclear proliferation -
    Decision to freeze funds - Obligation to state reasons - Scope

    (Art. 215(2) TFEU;   Council Decision 2010/413/CFSP,  as  amended  by  Council Decision
    2010/644/CFSP,  Arts 20(1)(b), and 24(3); Council Regulation No  961/2010, Arts 16(2)(a)
    and 36(3))


ECLJ:EU:T:2012:6611


Reports   of  Cases


1

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