Action brought on 12 September 2007 - Al-Aqsa v Council of the European Union

(Case T-348/07)

Language of the case: Dutch

Parties

Applicant: Stichting Al-Aqsa (Amsterdam, Netherlands) (represented by: J. Pauw, lawyer)

Defendant: Council of the European Union

Form of order sought

Annul Council Decision 2007/445/EC in so far as it applies to the applicant, and declare that Regulation (EC) No 2580/2001 does not apply to the applicant;

order the Council to pay the costs.

Pleas in law and main arguments

The applicant submits that Council Decision 2007/445/EC of 28 June 2007 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism is void in so far as it relates to it.

In support of its application, the applicant submits, first, that the Council Common Position of 27 December 2001 on the application of specific measures to combat terrorism (OJ 2001 L 344, p. 93) does not apply to it.

Second, the applicant submits that no competent authority has taken a decision with respect to the applicant within the meaning of Article 1(4) of the Council Common Position of 27 December 2001.

Third, the applicant states that it has had no intention, culpability or knowledge with regard to the support of terrorist activities.

Fourth, according to the applicant, it is apparent from neither the statement of grounds in the contested decision nor the underlying national decision that it can still be regarded as facilitating terrorist acts.

Finally, the applicant complains of breach of the principle of proportionality, of essential procedural requirements inasmuch as the Council has not investigated the desirability of maintaining the applicant on the list, of the right to unfettered enjoyment of property, and of the requirement for a proper statement of reasons.

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