EN Official Journal of the European Union C 24/2

Judgment of the Court (Fourth Chamber) of 3 December 2009 — Faraj Hassan v Council of the European Union, European Commission (C-399/06 P), Chafiq Ayadi, Council of the European Union (C-403/06 P)

(Joined Cases C-399/06 P and C-403/06 P) (1)

(Common foreign and security policy (CFSP) - Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban - Regulation (EC) No 881/2002 - Freezing of the funds and economic resources of a person following his inclusion in a list drawn up by a body of the United Nations - Sanctions Committee - Subsequent inclusion in Annex I to Regulation (EC) No 881/2002 - Action for annulment - Fundamental rights - Right to respect for property, right to be heard and right to effective judicial review)

2010/C 24/02

Language of the case: English

Parties

Appellant: Faraj Hassan (represented by E. Grieves, Barrister, H. Miller, Solicitor, J. Jones, Barrister, M. Arani, Solicitor) (C-399/06 P)

Other parties to the proceedings: Council of the European Union (represented by: S. Marquardt, M. Bishop and E. Finnegan, Agents), European Commission (represented by P. Hetsch and P. Aalto, Agents)

Interveners in support of the appellant: French Republic, United Kingdom of Great Britain and Northern Ireland

Appellant: Chafiq Ayadi (represented by S. Cox, Barrister, H. Miller, Solicitor) (C-403/06 P)

Other parties to the proceedings: Council of the European Union (represented by S. Marquardt, M. Bishop and E. Finnegan, Agents), United Kingdom of Great Britain and Northern Ireland, European Commission (represented by P. Hetsch and P. Aalto, Agents)

Interveners in support of the Council of the European Union: French Republic

Re:

Appeal brought against the judgments of the Court of First Instance (Second Chamber) delivered on 12 July 2006 in Case T-49/04 Hassan v Council and Commission and in Case T 403/06 Ayadi v Council by which the Court of First Instance dismissed applications seeking annulment of Commission Regulation (EC) No 2049/2003 of 20 November 2003 amending for the 25th 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, and repealing Council Regulation (EC) No 467/2001 (OJ 2003 L 303, p. 20).

Operative part of the judgment

The Court:

1. Sets aside the judgments of the Court of First Instance of the European Communities of 12 July 2006 in Case T 49/04 Hassan v Council and Commission and in Case T 253/02 Ayadi v Council;

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 Council Regulation (EC) No 467/2001 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, as amended by Commission Regulation (EC) No 46/2008 of 18 January 2008, in so far as it concerns Mr Hassan;

3. Annuls Regulation No 881/2002, as amended by Commission Regulation (EC) No 1210/2006 of 9 August 2006, in so far as it concerns Mr Ayadi;

4. Orders the Council of the European Union to pay, in addition to its own costs, the costs incurred by Mr Hassan and Mr Ayadi both at first instance and in these appeals;

5. Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs, both at first instance in the case concerning Mr Ayadi and in these appeals;

6. Orders the French Republic to bear its own costs;

7. Orders the European Commission to bear its own costs both at first instance and in the appeal in the case concerning Mr Hassan. Orders the European Commission, in the case concerning Mr Ayadi, to bear its own costs, in respect both of its intervention before the Court of First Instance of the European Communities and of the proceedings before the Court of Justice of the European Union.

(1) OJ C 294, 2.12.2006.