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Case T-69/12, Case T-71/12 - EU-wide asset freeze and travel ban lifted against individuals nominated for designation by the UK

03/08/12

In December 2011, as part of the sanctions intended to put pressure on the Islamic Republic of Iran to end its nuclear programme, the Council of the EU imposed an asset freeze and travel ban on the claimants in the above cases. The claimants were Mr Meskarian, a UK citizen who is the CEO of the UK bank Persia International Bank; and Mr Zavvar, the acting general manager of PIB's Dubai branch.  PIB is itself subject to an asset freeze as are its parent banks Bank Mellat and Bank Tejarat.

The claimants launched proceedings before the General Court challenging their designation on the basis that they provided no support for Iranian proliferation, that the Council was not empowered to designate them as mere employees, and that their designation was disproportionate or irrational in that it added nothing to the designation of the bank for which they worked given that the bank's own assets were frozen.

The claimants also brought judicial review proceedings in the UK challenging the decision of the Secretary of State for Foreign and Commonwealth Affairs to nominate them for the asset freeze and travel ban in the first place.

Following the claimants' claim submissions and reply to the Council's defence in the EU proceedings, and the commencement of the claim for judicial review, the Council on 2 August 2012 decided to end the imposition of restrictive measures on the claimants and passed Council Implementing Regulation (EU) No 709/2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran. The claimants thereby joined a very small list of individuals and entities who have had the sanctions imposed upon them lifted by the Council.

The judgment is here.

Derrick Wyatt QC and Richard Blakeley acted for the claimants in the EU action, instructed by Zaiwalla & Co LLP.

Richard Blakeley acts for the claimants in the UK action, instructed by Zaiwalla & Co LLP.