Judgment of the General Court of 14 April 2015 –Ayadi v Commission
(Case T-527/09 RENV) 1
(Referral back after setting aside — Common foreign and security policy — Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban — Regulation (EC) No 881/2002 — Freezing of funds and economic resources of a person included on a list drawn up by a United Nations body — Inclusion of the name of that person in the list contained in Annex I to Regulation (EC) No 881/2002 — Action for annulment — Fundamental rights — Rights of defence — Right to effective judicial protection — Right to respect for property)
Language of the case: English
Parties
Applicant: Chafiq Ayadi (Dublin, Ireland) (represented by: H. Miller, Solicitor, P. Moser, QC, E. Grieves, Barrister, and R. Graham, Solicitor)
Defendant: European Commission (represented by: E. Paasivirta, T. Scharf and M. Konstantidinis, acting as Agents)
Interveners in support of the defendant: Ireland (represented by E. Creedon, acting as Agent, assisted by N. Travers, SC) and Council of the European Union (represented by E. Finnegan and G. Étienne, acting as Agents)
Re:
Application for annulment of Commission Regulation (EC) No 954/2009 of 13 October 2009 amending for the 114th 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 2009 L 269, p. 20), in so far as that act concerns the applicant.
Operative part of the judgment
The Court:
Annuls Commission Regulation (EC) No 954/2009 of 13 October 2009 amending for the 114th 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, in so far as that measure concerns Mr Chafiq Ayadi.
Orders the European Commission to bear its own costs and to pay both the costs incurred by Mr Ayadi and the sums advanced by the General Court by way of legal aid.
Orders Ireland and the Council of the European Union to bear their own costs.
________________________1 OJ C 148, 5.6.2010.