Action brought on 24 September 2008 - El Fatmi v Council
(Case T-409/08)
Language of the case: Dutch
Parties
Applicant: El Fatmi (Vught, Netherlands) (represented by: G. Pulles)
Defendant: Council of the European Union
Form of order sought
Declare Regulation (EC) No 2580/2001 to be inapplicable and/or declare Council Decision 2008/583/EC of 15 July 2008 to be void, in so far as they apply to the applicant;
order the Council to pay the costs.
Pleas in law and main arguments
The applicant asks the Court to declare Regulation (EC) No 2580/2001
2 to be inapplicable to him and Council Decision 2008/583/EC to be void, in so far as it applies to the applicant.
First, the applicant submits that the Council acted contrary to the requirements of Article 5 EC. The Council had no power, since there is no connection to third countries or to the common market. Second, Articles 60, 301 and 308 EC do not confer any power to adopt the contested regulation.
Third, the Council acted contrary to Article 1(3) of Common Position 2001/931 of 27 December 2001 and infringed essential procedural requirements and principles of Community law, including the duty to state reasons. According to the applicant, the national decisions on which the Council also relies are not decisions adopted by a competent authority within the meaning of Article 1(4) of the Common Position or are decisions that have been annulled on appeal to the national courts.
Fourth, the Council has infringed the applicant's fundamental rights and in particular the right to respect for private and family life, the right to effective judicial protection and the right to property.
____________1 - Council Regulation (EC) No 2580/2001of 27 December 2001on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (OJ 2001 L 344, p. 70). 2 - Council Decision of 15 July 2008 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 2007/868/EC (OJ 2008 L 188, p. 21).3 - Council Common Position of 27 December 2001 on the application of specific measures to combat terrorism (OJ 2001 L 344, p. 93).