London: The EU Council’s appeal against the EU General Court’s earlier decision that listing Bank Mellat under Iran nuclear sanctions by EU Council was unlawful will be heard by the Grand Court of the European Court of Justice at an oral hearing on 10 September 2014 in Luxembourg.
The UK Supreme Court bench of 9 out of a total 12 Justices of the Supreme Court had also held in June 2013 that the listing of Bank Mellat under the same Iran nuclear sanction in 2009 was unlawful as well as irrational. The listing of the bank by the EU Council was on the basis of the proposal made by the UK Government. Following the Supreme Court Judgment Bank Mellat has a claim pending in the English Court for $4 billion damages against the UK Government.
Bank Mellat’s position before the EU General Court and the UK Supreme Court was that there is no evidence whatsoever to substantiate any of the allegations made against Bank Mellat.
During the UK Supreme Court hearing, the UK Supreme Court, for the first time in its history, went into a secret closed hearing at the instance of the British Government to consider the evidence collected by intelligence agencies.
Having considered this evidence at a secret closed hearing the Supreme Court had decided that the alleged evidence was ill-conceived.
Bank Mellat has made clear in its evidence before the Courts that it does not support Iranian nuclear proliferation, or engage in transaction connected with it. The Bank had also adduced substantial evidence in support of its position before the EU General Court and UK Courts
Bank Mellat’s challenge to the EU listing under Iran nuclear sanction was the first case decided by the EU General Court and following this decision other companies challenging listing by the EU Council under the Iran nuclear sanctions were successful in the EU General Court.
Bank Mellat will be represented at the EU Appeal hearing by Zaiwalla & Co Solicitors who are the leading sanctions specialist law firm.
“In the 21st century it is important that the Courts of Law ensure that the Rule of Law must apply equally to both the state and its citizens. In this case the UK Government as well as the EU Council who had listed Bank Mellat at the instance of UK government has produced no evidence that the Bank had undertaken activities which contribute to (and thus support) Iran’s nuclear activity. The UK Supreme Court having seen the secret evidence rejected the alleged intelligence evidence. One hopes that the EU Appeal Court will do the same in accordance with the principle that the Rule of Law must always prevail,” Sarosh Zaiwalla, Senior Partner of Zaiwalla & Co said.