Order of the President of the Court of First Instance of 27 August 2008 – Melli Bank v Council
(Case T-246/08 R)
Applications for interim measures – Regulation (EC) No 423/2007 – Restrictive measures against the Islamic Republic of Iran – Council decision – Measure to freeze funds and economic resources – Application for suspension of operation of a measure – No urgency – Absence of serious and irreparable damage
1.Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 32-34, 36-38, 43)
2.Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Financial loss (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see para. 35)
3.Application for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see para. 50)
4.European Communities – Judicial review of the legality of the acts of the institutions (Arts 60 EC, 301 EC and 308 EC; Council Regulation No 423/2007) (see para. 52)
5.Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 53-55)
Re:
APPLICATION for suspension of the application of paragraph 4, section B, of the Annex to Council Decision 2008/475/EC of 23 June 2008 implementing Article7(2) of Regulation (EC) No 423/2007 concerning restrictive measures against Iran (OJ 2008 L163, p.29), in so far as Melli Bank plc is included in the list of legal persons, entities and bodies whose funds and economic resources are frozen. |
Operative part
The Court:
1. |
| Dismisses the application for interim measures; |
2. |
| Reserves the costs. |