Judgment of the General Court of 13 December 2016 — Al-Ghabra v Commission
(Case T-248/13) 1
(Common foreign and security policy — Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban — Regulation (EC) No 881/2002 — Freezing of the funds and economic resources of a person included on a list drawn up by a United Nations body — Inclusion of that person’s name on the list in Annex I to Regulation No 881/2002 — Action for annulment — Reasonable time — Obligation to verify and justify the merits of the grounds relied on — Judicial review)
Language of the case: English
Parties
Applicant: Mohammed Al-Ghabra (London, United Kingdom) (represented by: E. Grieves, Barrister, and J. Carey, Solicitor)
Defendant: European Commission (represented initially by M. Konstantinidis, T. Scharf and F. Erlbacher, and subsequently by M. Konstantinidis and F. Erlbacher, acting as Agents)
Interveners in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented initially by S. Behzadi-Spencer and V. Kaye, subsequently by V. Kaye, subsequently by S. Brandon, and finally by C. Crane, acting as Agents, and also by T. Eicke QC), and Council of the European Union, (represented by: J.-P. Hix and E. Finnegan, acting as Agents)
Re:
Application pursuant to Article 263 TFEU for annulment of (i) Commission Regulation (EC) No 14/2007 of 10 January 2007 amending for the 74th 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, and repealing Council Regulation (EC) No 467/2001 (OJ 2007 L 6, p. 6), in so far as it concerns the applicant, and (ii) Commission Decision Ares(2013) 188023 of 6 March 2013 confirming the retention of the applicant’s name on the list of persons and entities to whom the provisions of Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan (OJ 2002 L 139, p. 9) apply.
Operative part of the judgment
The Court:
Dismisses the action as inadmissible in so far as it seeks annulment of Commission Regulation (EC) No 14/2007 of 10 January 2007 amending for the 74th 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, and repealing Council Regulation (EC) No 467/2001, in so far as it concerns Mr Mohammed Al-Ghabra;
Dismisses the action as unfounded as to the remainder;
Orders Mr Al-Ghabra to bear his own costs and to pay those incurred by the European Commission;
Orders the United Kingdom of Great Britain and Northern Ireland and the Council of the European Union to bear their own costs.
____________1 OJ C 9, 11.1.2014.