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Action brought on 7 January 2010 - Al Saadi v Commission

(Case T-4/10)

Language of the case: English

Parties

Applicant: Faraj Faraj Hassan Al Saadi (Leicester, United Kingdom) (represented by: J. Jones, Barrister, Mudassar Arani, Solicitor)

Defendant: European Commission

Form of order sought

to annul Commission Regulation (EC) No 954/2009 of 13 October 2009 insofar as it concerns the applicant;

to order the European Commission to pay the applicant's costs.

Pleas in law and main arguments

By means of its application, the applicant seeks, pursuant to Article 263 TFEU, the annulment of Commission Regulation (EC) No 954/2009 of 13 October 2009¹ amending for the 114th time Council Regulation (EC) No 881/2002² imposing certain specific restrictive measures directed against persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, by virtue of which the applicant was placed on the list of persons and entities whose funds and economic resources are frozen.

The applicant's name was initially added to Annex I of Council Regulation (EC) No 881/2002 by Commission Regulation (EC) No 2049/2003 of 20 November 2003³, which was later replaced by Commission Regulation (EC) No 46/2008 of 18 January 2008⁴. By its judgement of 3 December 2009 in Joint Cases Hassan v Council and the Commission (C-399/06 P) and Ayadi v Council (C-403/06 P)⁵, the Court of Justice of the European Union annulled Council Regulation (EC) No 881/2002, as amended by Regulation (EC) No 46/2008, insofar as it concerns the applicant.

In support of its action, the applicant relies on the following pleas in law:

First, the applicant claims that the contested regulation infringes the applicant's rights of defence, including the right to be heard and the right to effective judicial protection, and that it fails to remedy the infringements of those rights. Moreover, it is submitted that the Commission failed to provide evidence justifying the freeze of the applicant's assets thereby preventing the applicant from defending himself with regard to this evidence.

Second, the applicant contends that the Commission failed to provide convincing reasons for maintaining the asset freeze against the applicant, in violation of its obligation under Article 296 TFEU.

Third, the applicant claims that the Commission failed to undertake an assessment of all relevant facts and evidence in deciding whether to enact the contested regulation and therefore manifestly erred in its assessment. The applicant further claims that he has never engaged in any form of terrorism related activity, or that any form of financial sanctions or preventive measures against him is necessary.

Fourth, the applicant submits that the indefinite restrictions of the applicant's right to property imposed by the contested regulation amount to a disproportionate and intolerable interference with the applicant's right to respect for property which is not justified by compelling evidence.

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¹ - Commission Regulation (EC) No 954/2009 of 13 October 2009 amending for the 114th time CouncilRegulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain personsand entities associated with Usama bin Laden, the Al-Qaida network and the Taliban (OJ 2009 L 269, p. 20)

² - Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measuresdirected against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and theTaliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods andservices to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financialresources in respect of the Taliban of Afghanistan (OJ 2002 L 139, p. 9)

³ - Commission Regulation (EC) No 2049/2003 of 20 November 2003 amending for the 25th time CouncilRegulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain personsand entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing CouncilRegulation (EC) No 467/2001 (OJ 2003 L 303, p. 20)

⁴ - Commission Regulation (EC) No 46/2008 of 18 January 2008 amending for the 90th time CouncilRegulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain personsand entities associated with Usama bin Laden, the Al-Qaida network and the Taliban (OJ 2008 L 16, p. 11)

⁵ - Judgment of the Court of Justice of 3 December 2009, Hassan v Council and the Commission (C-399/06 P)and Ayadi v Council (C-403/06 P), not yet published in the ECR