Case T-318/01: Action brought on 17 December 2001 by Omar Mohamed Othman against the Council of the European Union and the Commission of the European Communities
Date: 2002-03-16
Institutions: Court of First Instance
Subjects: Afghanistan, Council of the European Union, European Commission, action for annulment (EU), economic sanctions, foreign national

16.3.2002

EN

Official Journal of the European Communities

C 68/13

Pleas in law and main arguments

The applicant has since 1993 been the sole owner of Glucona
B.V., a company producing sodium gluconate. Glucona had
previously been a joint venture between the applicant and its
then partner. Glucona was involved in a cartel concerning the
sale of sodium gluconate. The contested decision orders the
applicant to pay a fine in that regard.

its claim,

In support of
the applicant pleads, primarily,
failure to comply with essential procedural requirements. In
particular, it asserts that its rights of defence have been violated
and that an insufficient statement of reasons was given. Thus,
the applicant was not given an opportunity to comment on
the statements made about the applicant by another party
involved in the investigation.

The applicant further pleads infringement of Article 81(1) EC
and Article 15(2) of Regulation No 17/62 (1). According to the
applicant, the conduct of Glucona during the period from
1987 and 1993 cannot be attributed to it. During that period
the applicant’s partner in Glucona was responsible for sales
policy and the applicant itself had no information whatever in
that regard. It was not until 1993, when the applicant obtained
total control over Glucona, that it was made aware of the
cartel and was thus placed in a position of responsibility
therefor.

the applicant pleads violation of

Lastly,
the principle of
proportionality, inasmuch as the Commission failed to take
account of the purely passive role played by the applicant in
the cartel until 1993.

on 17 December 2001 by Omar Mohamed Othman, represent-
ed by Ms Fiona Lindsley of Birnberg Peirce & Partners, London
(United Kingdom)

The applicant claims that the Court should:

— Annul Council Regulation 467/2001 and Commission

Regulation 2062/2001.

Pleas in law and main arguments

The applicant in the present case, a citizen of Jordan and
lawfully residing in the United Kingdom, challenges Council
Regulation (EC) No 467/2001 and Regulation (EC)
No 2062/2001 of 19 October 2001, amending, for the third
time, 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 and repealing Regulation (EC) No 337/2000 (1).
The applicant is named in Regulation (EC) 2062/2001.

According to the applicant, the Council and the Commission
have misused their powers conferred by Article 60 and 301
EC Treaty in adopting the Regulations in question. Further-
more, the applicant contends that the Regulations violate his
human rights, specifically Articles 3 and 8 of the European
Convention on Human Rights. Finally, the applicant claims
that the measures are disproportionate and in violation of the
principle of subsidiarity.

(1) Regulation No 17: First Regulation implementing Articles 85
and 86 of the Treaty (OJ, English Special Edition 1959-1962,
p. 87).

(1) OJ L 277, of 20.10.2001, p. 25.

Action brought on 17 December 2001 by Omar Mohamed
Othman against the Council of the European Union and
the Commission of the European Communities

(Case T-318/01)

(2002/C 68/24)

(Language of the case: English)

Action brought on 20 December 2001 by Roquette
Frères S.A. against the Commission of the European
Communities

(Case T-322/01)

(2002/C 68/25)

(Language of the case: French)

An action against the Council of the European Union and the
Commission of
the European Communities was brought
before the Court of First Instance of the European Communities

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 20 December 2001 by Roquette
Frères S.A., established at Lestrem (France), represented by
Antoine Choffel and Olivier Prost, lawyers.