# C_2005281EN.01001702.xml

| 12.11.2005 | EN | Official Journal of the European Union | C 281/17 |
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12.11.2005

EN

Official Journal of the European Union

C 281/17

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Judgment of the Court of First Instance of 21 September 2005 — Kadi v Council and Commission

(Case T-315/01) (1)

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(Common foreign and security policy - Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban - Competence of the Community - Freezing of funds - Fundamental rights - Jus cogens - Review by the Court - Action for annulment)

(2005/C 281/32)

Language of the case: English

Parties

Applicant(s): Yassin Abdullah Kadi (Jeddah, Saudi Arabia) (represented by: D. Pannick QC, P. Saini, Barrister, G. Martin and A. Tudor, Solicitors)

Applicant(s):

Defendant(s): Council of the European Union (represented by: M. Vitsentzatos and M. Bishop, Agents) and Commission of the European Communities (represented by: A. Van Solinge and C. Brown, Agents)

Defendant(s):

:

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

Intervener(s) in support of the defendant(s):

Application

originally, for annulment of, first, Council Regulation (EC) No 467/2001 of 6 March 2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan, and repealing Regulation (EC) No 337/2000 (OJ 2001 L 67, p. 1) and, second, Commission Regulation (EC) No 2062/2001 of 19 October 2001 amending, for the third time, Regulation No 467/2001 (OJ 2001 L 277, p. 25) and, subsequently, for annulment of 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-Qaeda network and the Taliban, and repealing Regulation No 467/2001 (OJ 2002 L 139, p. 9), in so far as those acts concern the applicant,

Operative part of the judgment

The Court:

| 1) | Declares that there is no need to adjudicate on the application for annulment in part of Council Regulation (EC) No 467/2001 of 6 March 2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan, and repealing Regulation (EC) No 337/2000 and for annulment of Commission Regulation (EC) No 2062/2001 of 19 October 2001 amending, for the third time, Regulation No 467/2001; |
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1)

Declares that there is no need to adjudicate on the application for annulment in part of Council Regulation (EC) No 467/2001 of 6 March 2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan, and repealing Regulation (EC) No 337/2000 and for annulment of Commission Regulation (EC) No 2062/2001 of 19 October 2001 amending, for the third time, Regulation No 467/2001;

| 2) | Dismisses the action in so far as it is brought against 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-Qaeda network and the Taliban, and repealing Regulation No 467/2001; |
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2)

Dismisses the action in so far as it is brought against 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-Qaeda network and the Taliban, and repealing Regulation No 467/2001;

| 3) | Orders the applicant to bear, in addition to his own costs, those of the Council and those incurred by the Commission until 1 July 2002; |
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3)

Orders the applicant to bear, in addition to his own costs, those of the Council and those incurred by the Commission until 1 July 2002;

| 4) | Orders the United Kingdom of Great Britain and Northern Ireland, and the Commission for the period after 1 July 2002, to bear their own costs. |
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4)

Orders the United Kingdom of Great Britain and Northern Ireland, and the Commission for the period after 1 July 2002, to bear their own costs.

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(1)  OJ C 56, 2.3.2002.

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