Action brought on 20 February 2007 - Fahas v Council
(Case T-49/07)
Language of the case: German
Parties
Applicant: Sofiane Fahas (Milkendorf, Germany) (represented by: F. Zillmer, lawyer)
Defendant: Council of the European Union
Form of order sought
Annul Decision 2002/848/EC of 28 October 2002 implementing Article 2(3) of Regulation (EC) No 2580/2001 and repealing Decision 2002/460/EC, by which the Council drew up an updated list of persons, groups and entities to which that regulation applies, and all decisions adopted in the meantime by the Council of the European Union in the meantime including Decision 2006/1008/EC of 21 December 2006, which is currently in force, in so far as they concern the applicant;
declare all aforementioned decisions up to and including Decision 2006/1008/EC of 21 December 2006 inapplicable to the applicant;
order the Council of the European Union to pay the applicant damages for the harm suffered, the amount to be determined at the Court's discretion, but at least EUR 2000;
order the defendant to pay the costs.
Pleas in law and main arguments
By its application, the applicant challenge Decision 2006/1008/EC
1 and all previous decisions since Decision 2002/848/EC,
2 in so far as he is expressly listed in the contested legislation.
In support of his claim, the applicant alleges infringement of his right to a fair hearing and his right to effective legal protection. In addition, Decision 2006/1008/EC is unfounded and thus is in breach of Article 253 EC.
____________1 - Council Decision 2006/1008/EC of 21 December 2006 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (OJ 2006 L 379, p. 123).2 - Council Decision 2002/848/EC of 28 October 2002 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2002/460/EC (OJ 2002 L 295, p. 12).