Action brought on 23 July 2010 - Yusef v Commission

(Case T-306/10)

Language of the case: English

Parties

Applicant: Hani El Sayyed Elsebai Yusef (London, United Kingdom) (represented by: E. Grieves, Barrister and H. Miller, Solicitor)

Defendant: European Commission

Form of order sought

declare that the Commission's failure to act and remove the applicant from annex 1 of Council Regulation (EC) 881/2002 was unlawful;

order immediately the Commission to remove the applicant from the said annex;

order that the Commission pays, in addition to its own costs, those incurred by the applicant and any sums advanced by way of legal aid by the cashier of the Court of Justice.

Pleas in law and main arguments

The applicant applies under Article 265 TFEU for the revocation of Commission Regulation (EC) No 1629/2005 of 5 October 2005 amending for the 54th 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 Qa'ida Network and the Taliban¹ as concerns him.

In support of the action, the applicant relies on three pleas in law.

First, he submits that the Commission has failed to independently review the basis of the applicant's inclusion in annex 1 at any point, or required any reasons for that inclusion.

Second, he claims that the Commission has failed to provide to the applicant any reasons justifying his inclusion in annex 1 in breach of his right to an effective judicial remedy, the right to defend himself and in breach of his rights to property under the European Convention on Human Rights.

Third, he contends that the Commission's failure to remove the applicant from annex 1 is irrational as there are no reasons available which would satisfy the relevant criteria for inclusion in annex 1 and the United Kingdom Foreign and Commonwealth Office stances that the applicant no longer fulfils the relevant criteria.

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¹ - OJ 2005 L 260 p.10