Notice for the OJ

 

    

Action brought on 17 December 2001 by Omar Mohamed Othman against the Council of the European Union and the Commission of the European Communities

    (Case T-318/01)

    Language of the case: English

An action against the Council of the European Union and the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 17 December 2001 by Omar Mohamed Othman, represented by Ms Fiona Lindsley of Birnberg Peirce & Partners, London (United Kingdom).

The applicant claims that the Court should:

- Annul Council Regulation 467/2001 and Commission Regulation 2062/2001.

Pleas in law and main arguments:

The applicant in the present case, a citizen of Jordan and lawfully residing in the United Kingdom, challenges Council Regulation (EC) No 467/2001 and Regulation (EC) No 2062/2001 of 19 October 2001, amending, for the third time, 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 and repealing Regulation (EC) No 337/2000¹. The applicant is named in Regulation (EC) 2062/2001.

According to the applicant, the Council and the Commission have misused their powers conferred by Article 60 and 301 EC Treaty in adopting the Regulations in question. Furthermore, the applicant contends that the Regulations violate his human rights, specifically Articles 3 and 8 of the European Convention on Human Rights. Finally, the applicant claims that the measures are disproportionate and in violation of the principle of subsidiarity.

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¹ - OJ L 277, of 20.10.2001, p. 25.