Judgment of the General Court (Second Chamber) of 29 September 2010 – Al‑Faqih and Others v Council

(Cases T-135/06 to T-138/06)

Common foreign and security policy – Combating terrorism – Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al‑Qaeda network and the Taliban – Freezing of funds – Fundamental rights – Right to respect for property, right to be heard and right to effective judicial review

1. Procedure – Decision replacing the contested decision during the proceedings – New factor – Extension of the initial pleadings – Limits – Pleadings referring to possible future decisions – Inadmissibility (Rules of Procedure of the General Court, Art. 48(2)) (see para. 26)

2. European Communities – Judicial review of the legality of the acts of the institutions – Regulation imposing restrictive measures taken against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – Rights of the defence – Right to be heard – Scope – Said persons and entities not notified of the inculpatory evidence and not given a hearing – Infringement (Council Regulation No 881/2002, Art. 2 and Annex I) (see para. 34)

3. European Communities – Judicial review of the legality of the acts of the institutions – Regulation imposing restrictive measures taken against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – Right to effective judicial protection – Said persons and entities not notified of the inculpatory evidence and not given a hearing – Infringement (Council Regulation No 881/2002, Art. 2 and Annex I) (see paras 35-39)

4. European Communities – Judicial review of the legality of the acts of the institutions – Regulation imposing restrictive measures taken against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – General and persistent freezing of the funds, assets and other economic resources of the said persons and entities without a hearing – Infringement of the right to property (Council Regulation No 881/2002, Art. 2 and Annex I) (see paras 40-42)

Re:

APPLICATION for annulment of Article 2 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 Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freezing of funds and other financial resources in respect of the Taliban of Afghanistan (OJ 2001 L 139, p. 9), as amended for the sixty-third time by Commission Regulation (EC) No 246/2006 of 10 February 2006 (OJ 2006 L 40, p. 13), which added the applicants’ names to Annex I to Regulation No 881/2002.

Operative part

The Court:

1. Joins Cases T-135/06 to T-138/06 for the purposes of judgment;

2. Annuls Article 2 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 Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freezing of funds and other financial resources in respect of the Taliban of Afghanistan, and amending for the sixty third time by Commission Regulation (EC) No 246/2006 of 10 February 2006 in so far as it concerns the applicants Al-Bashir Mohammed Al-Faqih, Taher Nasuf, Ghunia Abdrabbah, and Sanabel Relief Agency Ltd;

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