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E.U. Wrongly Imposed Sanctions on 7 Iranian Companies, Court Rules E.U. Wrongly Imposed Sanctions on 7 Iranian Companies, Court Rules
(35 minutes later)
BRUSSELS — The European Union wrongly imposed sanctions against seven Iranian companies as part of efforts to stop Iran from developing nuclear weapons, the bloc’s second-highest court ruled on Friday.BRUSSELS — The European Union wrongly imposed sanctions against seven Iranian companies as part of efforts to stop Iran from developing nuclear weapons, the bloc’s second-highest court ruled on Friday.
But the General Court upheld European sanctions against Bank Melli Iran for paying scholarships on behalf of the Atomic Energy Organization of Iran.But the General Court upheld European sanctions against Bank Melli Iran for paying scholarships on behalf of the Atomic Energy Organization of Iran.
The decisions come amid signs of a shift to moderation in Iran, but they are still a blow to the union’s efforts to curb Iran’s nuclear ambitions. Iran says its uranium enrichment program is legal and peaceful, but Western nations and Israel consider it a cover for developing the ability to make atomic bombs.The decisions come amid signs of a shift to moderation in Iran, but they are still a blow to the union’s efforts to curb Iran’s nuclear ambitions. Iran says its uranium enrichment program is legal and peaceful, but Western nations and Israel consider it a cover for developing the ability to make atomic bombs.
The rulings on Friday involve decisions by European governments to freeze the funds of companies including Post Bank of Iran, the Iran Insurance Company, Good Luck Shipping and the Export Development Bank of Iran from 2008 to 2011.The rulings on Friday involve decisions by European governments to freeze the funds of companies including Post Bank of Iran, the Iran Insurance Company, Good Luck Shipping and the Export Development Bank of Iran from 2008 to 2011.
But the Council of the European Union, an executive body of government ministers from all E.U. countries, had “not proved the facts of which it accuses those four companies” and “could not, therefore, properly establish that they had provided support for nuclear proliferation,” the General Court said in a statement. But the Council of the European Union, an executive body of government ministers from all E.U. countries, had not proved their cases against those four companies and could not “properly establish that they had provided support for nuclear proliferation,” the General Court said in a statement.
The court also annulled measures against Bank Refah Kargaran, saying the council failed to explain the reasons for its decision to impose sanctions.The court also annulled measures against Bank Refah Kargaran, saying the council failed to explain the reasons for its decision to impose sanctions.
In a case involving a man, Naser Bateni, the court said his involvement in certain companies facing restrictions did “not by themselves" justify the sanctions. In a case involving a individual identified as Naser Bateni, the court said his involvement in certain companies facing restrictions did “not by themselves” justify the sanctions.
According to an online summary of his case seeking an annulment of the sanctions dated March 2012, Mr. Bateni was based in Hamburg, Germany, and served as the manager of a company called Hanseatic Trade Trust and Shipping, also based in Hamburg.
Hanseatic could not be reached by telephone for comment on Friday afternoon. But according to the company’s Web site, Mr. Bateni remains its managing director, holds a doctorate earned in Britain in marine law, and has two decades of experience “with reputable leading shipping companies.”
The court said the council erred in assessing the facts and evidence against the Persia International Bank and the Iranian Offshore Engineering and Construction Company.The court said the council erred in assessing the facts and evidence against the Persia International Bank and the Iranian Offshore Engineering and Construction Company.
The sanctions will remain in place for at least two months pending any appeal to the European Court of Justice, the bloc’s highest tribunal.The sanctions will remain in place for at least two months pending any appeal to the European Court of Justice, the bloc’s highest tribunal.
The rulings on Friday are the latest in a string of reversals for E.U. governments, which have been reluctant to share evidence they deem overly sensitive. One of the governments’ main concerns is that sharing such information with the court would compromise intelligence gathering.
Seeking to address the problem, E.U. governments agreed in October to shift tactics by moving away from blacklisting individual banks and instead imposing across-the-board measures, like requiring authorization of transactions above 10,000 euros, or $13,100, with some exceptions for transfers in areas like humanitarian aid, medical equipment and farming.
Officials and government will study the rulings to determine the appropriate response, Maja Kocijancic, a spokeswoman for Catherine Ashton, the E.U. foreign policy chief, said by e-mail on Friday afternoon. Ms. Kocijancic said E.U. governments and officials were “fully aware of the need to come to a swift conclusion on the approach regarding these cases.”
Officials from European Union governments are expected to hold initial discussions on whether to appeal on Tuesday, according to a union diplomat with direct knowledge of those plans. The diplomat spoke on the condition of anonymity because the talks will not be made public.Officials from European Union governments are expected to hold initial discussions on whether to appeal on Tuesday, according to a union diplomat with direct knowledge of those plans. The diplomat spoke on the condition of anonymity because the talks will not be made public.
In the case of Europaïsch-Iranische Handelsbank, the court said that an initial assessment by the council in 2011 was flawed, but that a subsequent assessment was solid, and so sanctions should remain.In the case of Europaïsch-Iranische Handelsbank, the court said that an initial assessment by the council in 2011 was flawed, but that a subsequent assessment was solid, and so sanctions should remain.
“Consequently, those more recent acts have not been annulled, and the funds of Europaïsch-Iranische Handelsbank remain frozen,” the court said.“Consequently, those more recent acts have not been annulled, and the funds of Europaïsch-Iranische Handelsbank remain frozen,” the court said.