Order — ECLI:EU:T:2005:404
Date: 2005-11-18
Language of the case: English
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957);Treaty on European Union (1992)
Subject matter: External relations;Justice and home affairs;Free movement of capital;Common foreign and security policy
Concepts: General;Admissibility and examination of applications, forms of order sought and pleas in law;Judicial review
Procedure: Action for annulment - inadmissible
Origin: Ireland

Order of the Court of First Instance (Second Chamber) of 18 November 2005 − Selmani v Council and Commission (Case T-299/04) Common foreign and security policy – Common positions from the Council – Specific restrictive measures directed against certain persons and entities with a view to combating terrorism – Action for annulment – Manifest lack of jurisdiction – Time-limits – Admissibility 1. European Union – Common foreign and security policy – Jurisdiction of the Community judicature – Measures adopted under Title V of the Treaty on European Union – Condition – Action based on failure to observe the powers of the Community (Art. 46 EU) (see paras 54-56) 2. Actions for annulment – Jurisdiction of the Community judicature – Action brought against Community acts intended to implement the measures laid down under a common position based on Title V of the Treaty on European Union – Included (Art. 230 EC) (see para. 58) 3. Procedure – Admissibility of actions – Assessment by reference to the situation when the application was lodged – Decision replacing the contested decision adopted while the proceedings are under way – Amendment of the original forms of order sought and pleas in law – No effect as regards the decision as to the admissibility of the action (see paras 68-70) Re: ACTION for annulment of, first, Article 2 of Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (OJ 2001 L 344, p. 70) and, secondly, Article 1 of Council Decision 2004/306/EC of 2 April 2004 implementing Article 2(3) of Regulation No 2580/2001 and repealing Decision 2003/902/EC (OJ 2004 L 99, p. 28) and all decisions adopted by the Council on the basis of Regulation No 2580/2001 and having the same effect as Decision 2004/306, in so far as those measures apply to the applicant. Operative part The Court: 1. Dismisses the action as manifestly inadmissible; 2. Orders the applicant to pay the costs.