Case T-228/02: Action brought on 26 July 2002 by the Organisation des Modjahedines du Peuple d'Iran (OMPI) against the Council of the European Union
Date: 2002-10-12
Institutions: Court of First Instance
Subjects: Council of the European Union, action for annulment (EU), common foreign and security policy, international sanctions, restriction of liberty, terrorism

C 247/20

EN

Official Journal of the European Communities

12.10.2002

Action brought on 26 July 2002 by the Organisation des
Modjahedines du Peuple d’Iran (OMPI) against the Council
of the European Union

(Case T-228/02)

(2002/C 247/31)

(Language of the case: French)

An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 26 July 2002 by the Organisation des
Modjahedines du Peuple d’Iran (People’s Mujahidin of Iran)
(OMPI) established in Auvers sur Oise (France), represented by
Jean-Pierre Spitzer, Lawyer.

The applicant claims that the Court should:

— partially annul Council Decision 2002/460/EC of 17 June
2002 implementing Article 2(3) of Regulation (EC)
No 2580/2001 on specific restrictive measures directed
against certain persons and entities with a view to
combating terrorism and repealing Decision 2002/334/
EC;

— partially annul Common Position 2002/462/CFSP of
17 June 2002 updating Common Position 2001/931/
CFSP on the application of specific measures to combat
terrorism and repealing Common Position 2002/340/
CFSP;

— partially annul Common Position 2002/340/CFSP of
2 May 2002 updating Common Position 2001/931/CFSP
on the application of specific measures to combat
terrorism, revising the list of persons covered;

In support of its claims, the applicant pleads:

— Breach of its rights of defence in that it was not given the
opportunity to be heard before being included in the
contested lists.

— In the alternative, failure to have regard to the right to
revolt against tyranny and oppression as a superior rule
of law. It observes in this regard that it is conducting
legitimate resistance against the Iranian regime, while
complying with the fundamental principles of democracy
and of respect for human rights. Its resistance is, more-
over, supported by the international community.

— In the further alternative, breach of the principle of non-
discrimination, both in relation to the organisations
which are included in the list and in relation to those that
are not, for example Al-Qaida. It points out in this regard
that, unlike almost all the organisations included in the
list, it is not opposing a democratic regime, that it has
never undertaken actions against civilians and that it is
the only resistance movement which is acting within
Iran’s borders and defending peace in the region.

Action brought on 2 August 2002 by X against Com-
mission of the European Communities

(Case T-230/02)

(2002/C 247/32)

— declare all
applicant;

those legislative texts inapplicable to the

(Language of the case: French)

— order the Council of the European Union to pay OMPI

the sum of EUR 1 for harm suffered;

— order the Council of the European Union to pay all the

costs.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 2 August 2002 by X, represented
by Gilles Bounéou, lawyer.

Pleas in law and main arguments

The applicant organisation seeks annulment of the legislative
texts which are the subject-matter of the present action in so
far as they expressly refer to it. The applicant states in this
regard that inclusion in the contested lists is a penalty which
causes it considerable harm, if only because it is equiparated
with terrorist organisations denounced by it.

The applicant claims that the Court should:

— order the defendant to pay EUR 75 000 by way of
compensation or any other amount to be determined ex
aequo et bono by the Court;

— order the defendant to pay the costs.