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EU

27 September 2013
Issue: 7577 / Categories: Case law , Law digest , In Court
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Europäisch-Iranische Handelsbank AG v Council of the European Union T-434/11, [2013] All ER (D) 126 (Sep)

Articles 20(1)(b) of Art 20(1)(b) of Council Decision (CFSP) 2010/413 (concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP) and reg 23(2)(b) of Council Regulation (EU) 267/2012 (concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010) required the cuncil to freeze the funds and economic resources of an entity that had assisted a listed person, entity or body to evade or violate the provisions of those acts or the UNSC Resolutions. The council would assess case-by-case whether the entity in question had provided such assistance to a designated person, entity or body. Further, the council was required to make a case-by-case assessment in order to determine whether such assistance had been provided; and (ii) non-designated credit and financial institutions had to exercise vigilance and, therefore, fully satisfy themselves as to compliance with the restrictive measures taken against designated entities.

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