German court sides with Iranian shipping company in sanctions dispute with local bank
In this case, the plaintiff was an international logistics company specializing in global container shipping. The defendant was a German savings bank (Sparkasse) based in Hamburg. The dispute arose after the bank terminated the company’s account, citing concerns related to U.S. sanctions against Iran.
The value in dispute was set at 25,000 Euro, according to the case file.
The plaintiff sought a preliminary injunction to compel the bank to maintain the account until a suitable alternative could be found. The court ultimately denied the injunction, ruling that the bank’s termination of the account was lawful.
The court found that the bank could not justify its account termination solely based on U.S. sanctions concerns, underscoring that European banks must consider EU protections for clients facing extraterritorial sanctions. This ruling reaffirms the EU’s stance on maintaining financial ties within Iran and other territories despite external pressures.
The German court notified the European Commission to ask for clarification of the Blocking Statute, according to EC documents.
The identity of the plaintiff has not been publicly disclosed. Tehran Bureau has requested this information from the Hamburg Regional Court.
Procedural History
On October 15, 2018, the Regional Court of Hamburg (Landgericht Hamburg), 18th Civil Chamber, denied the application for the preliminary injunction (AZ: 318 O 330/18). The company appealed this decision to the Higher Regional Court of Hamburg (Oberlandesgericht Hamburg), under case number 13 U 53/18.
Tehran Bureau submitted a request for access to court documents related to this case on July 18, 2024, to investigate the parties involved, the evidence presented, and the broader implications for EU sanctions and banking regulations. The Regional Court of Hamburg responded, citing legal restrictions under the Hamburg Transparency Law (HmbTG) as the reason for denying access. Despite further inquiries in October 2024, no additional access has been granted.