European Court annuls EU sanctions listing of 2 Iranian bankers

06/06/14

Dr Ahmad Azizi and Mr Ali Sedghi were both included in the EU’s restrictive measures concerning Iran in 2011 (imposing an asset freeze and travel ban on them) for the sole reason that they held positions in Melli Bank Plc, a UK subsidiary of Bank Melli Iran which had also been designated.  They have won their action for in the General Court in Luxembourg annulling their listing.  In fact they had already been de-listed by the Council of the EU by the time the case was adjudicated upon, but the annulment establishes that their listing was unlawful.

The General Court held that the Council was not entitled to include them on the sanctions list simply for holding positions in Melli Bank Plc (itself listed simply as a subsidiary of Bank Melli Iran), and not for any alleged misconduct or allegation that they supported nuclear proliferation, nor any evidence that they might circumvent sanctions on Bank Melli Iran / Melli Bank Plc.

The same applicants also brought judicial review proceedings against the Foreign & Commonwealth Office for the UK’s decision to propose that they be included in the EU sanctions list.  The FCO accepted that these individuals should not have been proposed for listing, and settled the claim.

The judgment is here.