Judgment of the General Court First Chamber of 7 July 2021, Bateni v Council, T-455/17,

• Date: 07 July 2021
• Year: 2021

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Next, the Court clarifies the concept of ‘investment’ within the meaning of the ECT. In that regard, the

Court holds that a claim arising from a contract for the supply of electricity constitutes an asset held

directly by an investor, it being specified that the term ‘investor’, defined by the ECT and used in

particular in Article 26(1) ECT, designates, inter alia, as regards a Contracting Party such as Ukraine,

any undertaking organised in accordance with the legislation applicable in the territory of that

Contracting Party. However, a claim arising from a mere contract for the sale of electricity cannot be

regarded as having been granted in order to undertake an economic activity in the energy sector. It

follows that a mere contract for the supply of electricity, in this case produced by other operators, is a

commercial transaction which cannot, in itself, constitute an ‘investment’. That interpretation is

consistent with the clear distinction made by the ECT between trade and investments.

XII. JUDGMENTS PREVIOUSLY DELIVERED

1. INSTITUTIONAL PROVISIONS: NON-CONTRACTUAL LIABILITY OF

THE UNION

Judgment of the General Court (First Chamber) of 7 July 2021, HTTS v C ouncil, T-692/15

RENV

Non-contractual liability – Common fore ign and security policy – Restrictive measures against Iran – List of

persons and entities subject to the freezing of funds and economic resources – Sufficiently serious breach

of a rule of law intended to confer rights on individuals

and

Judgment of the General Court (First Chamber) of 7 July 2021, Bateni v Co uncil, T-455/17,

Non-contractual liability – Common fore ign and security policy – Restrictive measures against Iran – List of

persons and entities subject to the freezing of funds and economic resources – J urisdiction of the General

Court – Limitation – Sufficiently serious breach of a rule of law intended to confer rights on individuals

Pursuant to adoption by the United Nations Security Council of a number of resolutions concerning

the nuclear proliferation programme of the Islamic Republic of Iran

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and calling on the Member

States, inter alia, to freeze the assets of Islamic Republic of Iran Shipping Lines (‘IRISL’) and any legal or

natural persons that might be linked to it, on account of its shipping activities, the Council of the

European Union adopted restrictive measures against IRISL, HTTS Hanseatic Trade Trust & Shipping

(‘HTTS’),

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a company incorporated under German law carrying on activities of shipping agents and of

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United Nations Security Council Resolutions 1737 (2006), 1747 (2007), 1803 (2008) and 1929 (201 0).

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Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position

2007/140/CFSP (OJ 2010 L 195, p. 39) and Council implementing Reg ulation (EU) No 668/2010 of 26 July 2010 implementing Article 7(2) of

Regulation (EC) No 423/2007 concerning restrictive measures agains t Iran (OJ 2010 L 195, p. 25).