# C_2008313EN.01003102.xml

| 6.12.2008 | EN | Official Journal of the European Union | C 313/31 |
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6.12.2008

EN

Official Journal of the European Union

C 313/31

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Judgment of the Court of First Instance of 23 October 2008 — People's Mojahedin Organization of Iran v Council

(Case T-256/07) (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 - Judicial review)

(2008/C 313/56)

Language of the case: English

Parties

Applicant: People's Mojahedin Organization of Iran (Auvers sur Oise, France) (represented by: J.-P. Spitzer, lawyer, and D. Vaughan QC)

Applicant:

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

Defendant:

Interveners in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented: initially by V. Jackson and T. Harris, and subsequently by V. Jackson, Agents, and assisted by S. Lee and M. Gray, Barristers); Commission of the European Communities (represented: initially by S. Boelaert and J. Aquilina, and subsequently by S. Boelaert, P. Aalto and P. van Nuffel, Agents); Kingdom of the Netherlands (represented by: M. de Grave and Y. de Vries, Agents)

Interveners in support of the defendant:

Re:

APPLICATION, initially, for annulment of Council Decision 2007/445/EC of 28 June 2007 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 Decisions 2006/379/EC and 2006/1008/EC (OJ 2007 L 169, p. 58), so far as it concerns the applicant.

Operative part of the judgment

The Court:

| 1. | Dismisses the action as unfounded in so far as it seeks annulment of Council Decision 2007/445/EC of 28 June 2007 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 Decisions 2006/379/EC and 2006/1008/EC |
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1.

Dismisses the action as unfounded in so far as it seeks annulment of Council Decision 2007/445/EC of 28 June 2007 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 Decisions 2006/379/EC and 2006/1008/EC

| 2. | Annuls Article 1 of Council Decision 2007/868/EC of 20 December 2007 implementing Article 2(3) of Regulation No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2007/445, and point 2.19 of the list annexed to that decision, in so far as they concern the People's Mojahedin Organization of Iran; |
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2.

Annuls Article 1 of Council Decision 2007/868/EC of 20 December 2007 implementing Article 2(3) of Regulation No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2007/445, and point 2.19 of the list annexed to that decision, in so far as they concern the People's Mojahedin Organization of Iran;

| 3. | Dismisses the action as unfounded in so far as it seeks annulment of the other provisions of Decision 2007/868, so far as the People's Mojahedin Organization of Iran is concerned; |
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3.

Dismisses the action as unfounded in so far as it seeks annulment of the other provisions of Decision 2007/868, so far as the People's Mojahedin Organization of Iran is concerned;

| 4. | Orders the Council to bear, in addition to its own costs, one third of the costs of the People's Mojahedin Organization of Iran; |
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4.

Orders the Council to bear, in addition to its own costs, one third of the costs of the People's Mojahedin Organization of Iran;

| 5. | Orders the United Kingdom of Great Britain and Northern Ireland, the Commission and the Kingdom of the Netherlands to pay their own costs. |
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5.

Orders the United Kingdom of Great Britain and Northern Ireland, the Commission and the Kingdom of the Netherlands to pay their own costs.

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(1)  OJ C 211, 8.9.2007.

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