Judgment — ECLI:EU:C:2013:369
Date: 2013-06-06
Language of the case: English
Court formation: Tenth Chamber
Subject matter: External relations;Common foreign and security policy
Procedure: Action for annulment;Appeal - successful
Origin: Ireland

Judgment of the Court (Tenth Chamber) of 6 June 2013 — Ayadi v Commission (Case C‑183/12 P) Appeal — Common foreign and security policy (CFSP) — Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban — Regulation (EC) No 881/2002 — Action for annulment — Removal of the interested party from the list of persons and entities concerned — Interest in bringing proceedings 1. Judicial proceedings — Application devoid of purpose — No need to adjudicate — Order delivered without a judge being designated to act as Advocate General — Lawfulness (General Court Rules of Procedure, Arts 113 and 114(4)) (see para. 36) 2. Judicial proceedings — Application devoid of purpose — No need to adjudicate — Possibility of giving judgment without an oral procedure — Obligation to request the parties to submit observations (Charter of Fundamental Rights of the European Union, Art. 47; General Court Rules of Procedure, Arts 113 and 114(3)) (see paras 40-42) 3. Actions for annulment — Interest in bringing proceedings — Interest to be assessed at the time at which an action is brought — Action brought against an act imposing restrictive measures on the applicant — Repeal of the contested act during the proceedings — Declaration that there is no need to adjudicate — Not permissible — Continued interest on the part of the applicant in obtaining recognition that the contested act was unlawful (Arts 263 TFEU and 266 TFEU; Council Regulation No 881/2002, as amended by Commission Regulation No 954/2009; Commission Regulation No 1081/2011) (see paras 59, 63, 68-70, 76, 77, 79) Re: Appeal against the order of the General Court (Second Chamber) of 31 January 2012 in Case T‑527/09 Chafiq Ayadi v European Commission , by which the General Court held that there was no longer any need to adjudicate on an action seeking the annulment in part of Commission Regulation (EC) No 954/2009 of 13 October 2009 amending for the 114th 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 (OJ 2009 L 269, p. 20) — Removal of the interested party from the list of persons and entities concerned. Operative part: The Court: 1. Sets aside the order of the General Court of the European Union of 31 January 2012 in Case T‑527/09 Ayadi v Commission in so far as the order decides that there is no longer any need to adjudicate on the action for annulment brought before the General Court by Mr Chafiq Ayadi. 2. Refers the case back to the General Court of the European Union for it to rule again on Mr Chafiq Ayadi’s action for annulment. 3. Reserves the costs.