# C_2006165EN.01002902.xml

| 15.7.2006 | EN | Official Journal of the European Union | C 165/29 |
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15.7.2006

EN

Official Journal of the European Union

C 165/29

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Action brought on 5 May 2006 — Al-Faqih v Council

(Case T-135/06)

(2006/C 165/58)

Language of the case: English

Parties

Applicant: Al-Bashir Mohammed Al-Faqih (Birmingham, United Kingdom) (represented by: N. Garcia, Solicitor, S. Cox, Barrister)

Applicant:

Defendant: Council of the European Union

Defendant:

Form of order sought

| — | Annulment of Article 2 of Council Regulation (EC) No 881/2002 of 27 May 2002 as amended by Council Regulation (EC) 561/2003 of 27 March 2003 and Commission Regulation (EC) No 246/2006 of 10 February 2006 and of the reference to the applicant in Annex I; |
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Annulment of Article 2 of Council Regulation (EC) No 881/2002 of 27 May 2002 as amended by Council Regulation (EC) 561/2003 of 27 March 2003 and Commission Regulation (EC) No 246/2006 of 10 February 2006 and of the reference to the applicant in Annex I;

| — | order the Council to pay the costs. |
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order the Council to pay the costs.

Pleas in law and main arguments

The applicant is a Libyan citizen residing in the United Kingdom. He seeks the annulment of among others Regulation No 246/2006 (1) by which his name was added to the list of persons, groups and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, to whom a freeze of funds and other financial resources apply pursuant to Article 2 of Regulation No 881/2002 (2).

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The applicant submits that the Council was not competent to adopt Article 2 of Regulation No 881/2002 as amended in that Articles 60 EC, 301 EC and 308 EC do not confer on the Council the power to do so. Furthermore, the Council and the Commission misused their powers in that Article 2 of Regulation No 881/2002 as amended does not pursue the objectives of Articles 60 EC, 301 EC and 308 EC.

The applicant further alleges that Article 2 of Regulation No 881/2002 as amended infringes the fundamental principles of Community law, in particular the principles of subsidiarity, proportionality and respect for fundamental rights.

Finally the applicant pleads infringement of an essential procedural requirement in the adoption of Article 2 of Regulation No 881/2002 as amended, namely the requirement that the Council and the Commission state adequate reasons why the measures considered necessary cannot be determined by individual Member States.

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(1)  Commission Regulation (EC) No 246/2006 of 10 February 2006 amending for the 63rd 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 2006 L 40, p. 13).

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(2)  Council Regulation (EC) No 881/2002 of 27 May 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 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freezing of funds and other financial resources in respect of the Taliban of Afghanistan (OJ 2002 L, p. 9).

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