EN Official Journal of the European Union C 180/37

Judgment of the Court of First Instance of 11 June 2009 — Othman v Council and Commission

(Case T-318/01) (1)

(Common foreign and security policy - Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban - Freezing of funds - Action for annulment - Adaptation of heads of claim - Fundamental rights - Right to respect for property, right to be heard and right to effective judicial review)

2009/C 180/66

Language of the case: English

Parties

Applicant: Omar Mohammed Othman (London, United Kingdom) (represented initially by J. Walsh, Barrister, and F. Lindsley and S. Woodhouse, Solicitors, and subsequently by S. Cox, Barrister and H. Miller, Solicitor)

Defendants: Council of the European Union (represented initially by M. Vitsentzatos and M. Bishop, and subsequently by M. Bishop and E. Finnegan, Agents); and the Commission of the European Communities (represented initially by A. van Solinge and C. Brown and subsequently by E. Paasivirta and P. Aalto, Agents)

Interveners in support of the defendants: United Kingdom of Great Britain and Northern Ireland (represented initially by J. Collins, subsequently by C. Gibbs, and then by E. O’Neill, and lastly by I. Rao, Agents, assisted initially by S. Moore, and subsequently by M. Hoskins, Barristers)

Re:

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 longer any need to adjudicate on the claims for annulment 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 of Commission Regulation (EC) No 2062/2001 of 19 October 2001 amending, for the third time, Regulation No 467/2001;

2. Annuls 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 in so far as it concerns Mr Omar Mohammed Othman;

3. Orders the Council of the European Union to pay, in addition to its own costs, those incurred by Mr Othman, and the sums advanced by way of legal aid by the cashier of the Court of First Instance;

4. Orders the Commission of the European Communities and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.

(1) OJ C 68, 16.3.2002.