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Action brought on 14 August 2009 - Al-Faqih and MIRA v Council and Commission

(Case T-322/09)

Language of the case: English

Parties

Applicants: Saad Al-Faqih and Movement for Islamic Reform in Arabia (London, United Kingdom), (represented by: J. Jones, Barrister and A. Raja, Solicitor)

Defendants: Council of the European Union and European Commission

Form of order sought

-     annul in whole or in part Council Regulation (EC) No 881/2002¹, as amended by the Commission Regulation (EC) No 14/2005², No 492/2007³, and No 1190/2005⁴, and/or annul the Commission Regulation No 14/2005, No 492/2007, and No 1190/2005 insofar as they are of direct and individual concern to the applicants; and

order the Council and/or the Commission to pay the applicants' costs.

Pleas in law and main arguments

By means of its application, the applicants seek, pursuant to Article 230 EC, the annulment of Council Regulation No 881/2002 imposing certain specific restrictive certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and Taliban, as amended by the Commission Regulations (EC) No 14/2005 of 5 January 2005, No 492/2007 of 3 May 2007, and 1190/2005 of 20 July 2005 and/or the annulment of Commission Regulations (BC) No 14/2005, No 492/2007, and 1190/2005, insofar as they relate to the applicants.

The applicants were included in the consolidated list of the United Nations Sanctions Committee of individuals and entities allegedly associated with Usama bin Laden, Al-Qaida and Taliban network, whose funds and other financial resources are to be frozen. Consequently, the European Commission adopted Regulations (EC) No 14/2005 and 1190/2005 which added the applicants names in Annex I to the Council Regulation (EC) No 881/2002 listing persons, groups and entities covered by the freezing of funds and economic resources within the EU. The entry of the first applicant, Mr. Al-Faqih, was later amended by the Commission Regulation (EC) 492/2007.

In support of their action, the applicants rely on the following pleas in law:

The applicants argue that the freezing of their funds provided by the contested regulations infringes their fundamental human rights, namely their right to be heard and the right to effective judicial review, as they have never been informed by the Council and/or the Commission of the reasons for their inclusion in Annex I to the Council Regulation (EC) No 881/2002 and have never received any evidence justifying the imposition of restrictive measures. The applicants therefore have not had any opportunity to defend themselves and challenge the listing decisions before the European judiciary.

The applicants further submit that their right to respect for property has been infringed since the indefinite restrictions of such right caused by freezing of their funds amount to a disproportionate and intolerable interference with this fundamental human right.

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¹ - 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 L 139, p.9)

² - Commission Regulation (EC) No 14/2005 of 5 January 2005 amending for the 42nd 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 L 5, p.10)

³ - Commission Regulation (EC) No 492/2007 of 3 May 2007 amending for the 75th 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 L 116, p. 5)

⁴ - Commission Regulation (EC) No 1190/2005 of 20 July 2005 amending for the 48th 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 193, p. 27)