Judgment of the General Court of 21 March 2014 — Yusef v European Commission
(Case T-306/10) 1
(Common foreign and security policy — Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban — Regulation (EC) No 881/2002 — Freezing of a person’s funds and economic resources as a result of his inclusion on a list drawn up by a United Nations body — Sanctions Committee — Subsequent inclusion in Annex I to Regulation No 881/2002 — Commission’s refusal to de-list — Action for failure to act — Fundamental rights — Right to be heard, right to effective judicial review and right to property)
Language of the case: English
Parties
Applicant: Hani El Sayyed Elsebai Yusef (London, United Kingdom) (represented initially by E. Grieves, Barrister, and H. Miller, Solicitor, and subsequently by E. Grieves, H. Miller and P. Moser QC, and R. Graham, solicitor)
Defendant: European Commission (represented by: E. Paasivirta, M. Konstantinidis and T. Scharf, Agents)
Intervener in support of the defendant: Council of the European Union (represented initially by E. Finnegan and R. Szostak, and subsequently by E. Finnegan, Agents)
Re:
Application seeking a declaration, in accordance with Article 265 TFEU, that the Commission unlawfully failed to revoke 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-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 (OJ 2005 L 260, p. 9), in so far as that act concerns the applicant
Operative part of the judgment
The Court:
Declares that the European Commission has failed to fulfil its obligations under the FEU Treaty and under 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, by not remedying the procedural deficiencies and substantive irregularities affecting the freezing of the funds of Mr Hani El Sayyed Elsebai Yusef.
Dismisses the action as to the remainder.
Orders the Commission to pay, apart from its own costs, the costs incurred by Mr Yusef and the sums advanced by way of legal aid by the cashier of the Court.
Orders the Council of the European Union to bear its own costs.
________________________1 OJ C 260, 25.9.210.