# C_2006331EN.01002802.xml

| 30.12.2006 | EN | Official Journal of the European Union | C 331/28 |
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30.12.2006

EN

Official Journal of the European Union

C 331/28

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Judgment of the Court of First Instance of 12 December 2006 — Organisation des Modjahedines du peuple d'Iran v Council

(Case T-228/02) (1)

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(Common foreign and security policy - Restrictive measures directed against certain persons and entities with a view to combating terrorism - Freezing of funds - Actions for annulment - Rights of the defence - Statement of reasons - Right to effective judicial protection - Action for damages)

(2006/C 331/63)

Language of the case: French

Parties

Applicant: Organisation des Modjahedines du peuple d'Iran (Auvers-sur-Oise, France) (represented by: J.-P. Spitzer, lawyer, D. Vaughan QC, and É. de Boissieu, lawyer)

Applicant:

Defendant: Council of the European Union (represented by M. Vitsentzatos and M. Bishop, Agents)

Defendant:

Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: initially by J.E. Collins, and subsequently by R. Caudwell and C. Gibbs, Agents, assisted by S. Moore, Barrister)

Re:

Annulment of Council Decision 2002/460/EC of 17 June 2002 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 2002/334/EC (OJ 2002 L 160, p. 26), of Council Common Position 2002/462/CFSP of 17 June 2002 updating Common Position 2001/931/CFSP on the application of specific measures to combat terrorism and repealing Common Position 2002/340/CFSP (OJ 2002 L 160, p. 32), and of Council Common Position 2002/340/CFSP of 2 May 2002 updating Common Position 2001/931/CFSP on the application of specific measures to combat terrorism (OJ 2002 L 116, p. 75), in so far as the applicant appears in the list of persons, groups and entities to which those provisions apply

Operative part of the judgment

The Court:

| 1. | Dismisses the action as in part inadmissible and in part unfounded in so far as it seeks annulment of Common Position 2005/936/CFSP of 21 December 2005 updating Common Position 2001/931/CFSP and repealing Common Position 2005/847/CFSP; |
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1.

Dismisses the action as in part inadmissible and in part unfounded in so far as it seeks annulment of Common Position 2005/936/CFSP of 21 December 2005 updating Common Position 2001/931/CFSP and repealing Common Position 2005/847/CFSP;

| 2. | Annuls, in so far as it concerns the applicant, Council Decision 2005/930/EC of 21 December 2005 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 2005/848/EC; |
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2.

Annuls, in so far as it concerns the applicant, Council Decision 2005/930/EC of 21 December 2005 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 2005/848/EC;

| 3. | Dismisses the claim for damages as inadmissible; |
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3.

Dismisses the claim for damages as inadmissible;

| 4. | Orders the Council to bear its own costs and to pay four fifths of the applicant's costs; |
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4.

Orders the Council to bear its own costs and to pay four fifths of the applicant's costs;

| 5. | Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs. |
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5.

Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.

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(1)  OJ C 247, 12.10.2002.

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