Judgment of the General Court of 30 September 2010 - Kadi v Commission
(Common foreign and security policy - Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban - Regulation (EC) No 881/2002 - Freezing of a person's funds and economic resources as a result of his inclusion in a list drawn up by a body of the United Nations - Sanctions Committee - Subsequent inclusion in Annex I to Regulation No 881/2002 - Action for annulment - Fundamental rights - Right to be heard, right to effective judicial review and right to respect for property)
Language of the case: English
Parties
Applicant: Yassin Abdullah Kadi (Jeddah, Saudi Arabia) (represented by: D. Anderson QC, M. Lester, Barrister and G. Martin, Solicitor)
Defendant: European Commission (represented initially by: P. Hetsch, P. Aalto and F. Hoffmeister, and, subsequently, by P. Hetsch, F. Hoffmeister and E. Paasivirta, Agents)
Interveners in support of the defendant: Council of the European Union (represented by: M. Bishop, E. Finnegan and R. Szostak, Agents), French Republic (represented by: G. de Bergues and L. Butel, Agents), United Kingdom of Great Britain and Northern Ireland (represented by: S. Behzadi-Spencer and E. Jenkinson, Agents, assisted by D. Beard, Barrister)
Re:
Application for annulment of Commission Regulation (EC) No 1190/2008 of 28 November 2008 amending for the 101st 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-Qaeda network and the Taliban (OJ 2008 L 322, p. 25), in so far as it concerns the applicant
Operative part of the judgment
The Court:
Annuls Commission Regulation (EC) No 1190/2008 of 28 November 2008 amending for the 101st 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-Qaeda network and the Taliban, in so far as it concerns Mr Yassin Abdullah Kadi;
Orders the European Commission, in addition to bearing its own costs, to pay those incurred by Mr Kadi;
Orders the Council of the European Union, the French Republic and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.
____________1 - OJ C 90, 18.4.2009.