Judgment of the Court of First Instance (Seventh Chamber) of 30 September 2009 - Sison v Council of the European Union
(Common foreign and security policy - Restrictive measures against certain persons and entities with a view to combating terrorism - Common Position 2001/931/CFSP and Regulation (EC) No 2580/2001 - Actions for annulment - Adaptation of heads of claim - Judicial review - Statement of reasons - Conditions for implementation of a Community measure freezing funds)
Language of the case: English
Parties
Applicant: Jose Maria Sison (Utrecht, Netherlands) (represented by: J. Fermon, A. Comte, H. Schultz, D. Gürses and W. Kaleck, Lawyers)
Defendant: Council of the European Union (represented by: M. Bishop and E. Finnegan, Agents)
Interveners in support of the defendant: United Kingdom of Great Britain and Northern Ireland, (represented by S. Behzadi Spencer and I. Rao, Agents); Kingdom of the Netherlands, (represented by C. Wissels, M. de Mol, M. Noort and Y. de Vries, Agents) Commission of the European Communities (represented by P. Aalto and S. Boelaert, Agents)
Re:
First, an application for annulment in part of Council Decision 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 and repealing Decisions 2006/379/EC and 2006/1008/EC (OJ 2007 L 169, p. 58) and, second, an application for compensation
Operative part of the judgment
The Court:
Annuls Council Decision HYPERLINK "http://hermes.curia.eu.int:8080/cGTi/html/CelexUrl.html?command=DocNumber&lg=fr&source=Celex&numdoc=32007D0445&lg_dest=en" 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 and repealing HYPERLINK "http://hermes.curia.eu.int:8080/cGTi/html/CelexUrl.html?command=DocNumber&lg=fr&source=Celex&numdoc=32006D0379&lg_dest=en" Decisions 2006/379/EC and 2006/1008/EC, Council Decision HYPERLINK "http://hermes.curia.eu.int:8080/cGTi/html/CelexUrl.html?command=DocNumber&lg=fr&source=Celex&numdoc=32007D0868&lg_dest=en" 2007/868/EC of 20 December 2007 implementing Article 2(3) of Regulation No 2580/2001 and repealing Decision 2007/445, Council Decision 2008/343/EC of 29 April 2008 amending Decision 2007/868, Council HYPERLINK "http://hermes.curia.eu.int:8080/cGTi/html/CelexUrl.html?command=DocNumber&lg=fr&source=Celex&numdoc=32008D0583&lg_dest=en" Decision 2008/583/EC of 15 July 2008 implementing Article 2(3) of Regulation No 2580/2001 and repealing Decision 2007/868, Council Decision 2009/62/EC of 26 January 2009 implementing Article 2(3) of Regulation No 2580/2001 and repealing Decision 2008/583, and Regulation (EC) No 501/2009 of 15 June 2009 implementing Article 2(3) of Regulation No 2580/2001 and repealing Decision 2009/62, in so far as those acts concern Jose Maria Sison;
Reserves the costs.
____________1 - OJ C 269, 10.11.2007.