“When the European Court of Justice decided on January 29 to remove Iran’s Bank Mellat from the European Union’s sanctions list, its judges no doubt thought their judgment was a triumph of the rule of law over arbitrary state power. The EU had slapped sanctions on Bank Mellat because it claimed the government of Iran owned the financial institution and used it to facilitate proliferation activities. But the bank, opined the court, has now been privatized, and can no longer be considered an arm of the Iranian regime.

A week later, the court ruled again against the EU in a similar case brought by Bank Saderat – the bank’s ownership had shifted from public to private since the EU designated it, the court noted, and therefore the reasons for its designation were no longer valid.

The EU is adamant that these entities continue to aid and abet their government’s brazen and illicit efforts to procure nuclear and ballistic missile technology. So is the US government. The judges beg to differ. So, who’s right? The court overruled the EU because, claims the court, the EU failed to meet the desired burden of proof when it comes to Iran’s control over the banks.”

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