Judgment of the General Court (Seventh Chamber) of 28 October 2015 —
Al-Faqih and Others v Commission
(Case T‑134/11)
Common foreign and security policy — Restrictive measures directed against persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban — Freezing of funds — Fundamental rights — Right to effective judicial protection
1. Actions for annulment — Interest in bringing proceedings — Interest to be assessed at the time at which an action is brought — Action against an act imposing restrictive measures on the applicant — Repeal of the contested act in the course of the proceedings — Declaration that no need to adjudicate — Inadmissibility — Maintenance of the applicant’s interest in obtaining recognition of the unlawfulness of the contested measure (Art. 263 TFEU; Council Regulation No 640/2011; Commission Regulations No 1138/2010 and No 1139/2010) (see paras 48-51)
2. EU law — Principles — Rights of defence — Right to effective judicial protection — Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban — Obligation to disclose individual and specific grounds for the decisions adopted — Obligation to enable the person concerned effectively to put forward his point of view on the grounds held against him (Council Regulation No 640/2011; Commission Regulations No 1138/2010 and No 1139/2010) (see paras 63-65)
3. Acts of the institutions — Statement of reasons — Obligation — Scope — Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban — Minimum requirements (Art. 296 TFEU; Council Regulation No 640/2011; Commission Regulations No 1138/2010 and No 1139/2010) (see paras 74-77)
4. Judicial proceedings — Application initiating proceedings — Formal requirements — Brief summary of the pleas in law on which the application is based — Pleas in law not set out in the application — Reference to the whole of the annexes — Inadmissibility (Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 83-85, 88, 89)
Re:
| APPLICATION for annulment of Commission Regulation (EU) No 1138/2010 of 7 December 2010 amending for the 140th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban (OJ 2010 L 322, p. 4), and of Commission Regulation (EU) No 1139/2010 of 7 December 2010 amending for the 141st time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban (OJ 2010 L 322, p. 6), in so far as those measures concern the applicants. |
Operative part
The Court:
2. | | Orders Mr Al-Bashir Mohammed Al-Faqih, Mr Ghunia Abdrabbah and Mr Taher Nasuf to bear their own costs and to pay those incurred by the European Commission; |
3. | | Orders the United Kingdom of Great Britain and Northern Ireland and the Council of the European Union to bear their own costs. |