Case T-315/01: Judgment of the Court of First Instance of 21 September 2005 — Kadi v Council and Commission (Common foreign and security policy — Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban — Competence of the Community — Freezing of funds — Fundamental rights — Jus cogens — Review by the Court — Action for annulment)
Date: 2005-11-12
Institutions: Court of First Instance
Subjects: Afghanistan, action for annulment (EU), export restriction, foreign capital, human rights, international sanctions

12.11.2005

EN

Official Journal of the European Union

C 281/17

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 21 September
2005 — Yusuf and Al Barakaat International Foundation v
Council and Commission

(Case T-306/01) (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 — Competence
of the Community — Freezing of funds — Fundamental
rights — Jus cogens — Review by the Court — Action for
annulment)

(2005/C 281/31)

Language of the case: Swedish

Parties

Applicant(s): Ahmed Ali Yusuf (Spånga, Sweden) and Al Bara-
kaat International Foundation (represented by: L. Silbersky and
T. Olsson, lawyers)

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 for annulment of Commission Regu-
lation (EC) No 2199/2001 of 12 November 2001 amending,
for the fourth time, Regulation No 467/2001;

2) Dismisses the action in so far as it is brought against 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
repealing Regulation No
467/2001;

the Taliban,

and

and

3) Orders the applicants to bear, in addition to their own costs, those
of the Council and those incurred by the Commission until 10
July 2002, including the costs of the interlocutory proceedings;

4) Orders

the United Kingdom of Great Britain and Northern
Ireland, and the Commission for the period after 10 July 2002,
to bear their own costs.

Defendant(s): Council of the European Union (represented by:
M. Vitsentzatos,
I. Rådestad, E. Karlsson and M. Bishop,
Agents,)

(1) OJ C 44, 16.2.2002.

Intervener(s) in support of the defendant(s): United Kingdom of
Great Britain and Northern Ireland (originally represented by
J. Collins, and then by R. Caudwell, Agents, and by S. Moore,
Barrister)

Application

in respect of

for annulment of,

originally,
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
the Taliban of Afghanistan, and
repealing Regulation (EC) No 337/2000 (OJ 2001 L 67, p. 1)
and, second, Commission Regulation (EC) No 2199/2001 of 12
November 2001 amending, for the fourth time, Regulation No
467/2001 (OJ 2001 L 295, p. 16) and, subsequently, for an
application for annulment of Council Regulation (EC) No 881/
2002 of 27 May 2002 imposing certain specific restrictive
measures directed against certain persons and entities asso-
ciated with Usama bin Laden, the Al-Qaeda network and the
Taliban, and repealing Regulation No 467/2001 (OJ 2002 L
139, p. 9),

Judgment of the Court of First Instance of 21 September
2005 — Kadi v Council and Commission

(Case T-315/01) (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 — Competence
of the Community — Freezing of funds — Fundamental
rights — Jus cogens — Review by the Court — Action for
annulment)

(2005/C 281/32)

Language of the case: English

Operative part of the judgment

Parties

The Court:

1) Declares that there is no longer any need to adjudicate on the
application for annulment of Council Regulation (EC) No

Applicant(s): Yassin Abdullah Kadi (Jeddah, Saudi Arabia) (repre-
sented by: D. Pannick QC, P. Saini, Barrister, G. Martin and A.
Tudor, Solicitors)

C 281/18

EN

Official Journal of the European Union

12.11.2005

Defendant(s): Council of the European Union (represented by:
M. Vitsentzatos and M. Bishop, Agents) and Commission of the
European Communities (represented by: A. Van Solinge and
C. Brown, Agents)

Intervener(s) in support of the defendant(s): United Kingdom of
Great Britain and Northern Ireland (originally represented by
J.E. Collins, and subsequently by R. Caudwell, Agents, and
S. Moore, Barrister)

Judgment of the Court of First Instance of 29 September
2005 — Napoli Buzzanca v Commission

(Case T-218/02) (1)

(Officials — Post of director — Procedure to fill vacant posts
— Decision rejecting a candidature — Statement of reasons)

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 Regu-
lation (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 Regu-
lation 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:

to Afghanistan,

1) Declares that there is no need to adjudicate on the application for
annulment in part of Council Regulation (EC) No 467/2001 of
6 March 2001 prohibiting the export of certain goods and
services
flight ban and
funds and other financial resources in
extending the freeze of
respect of the Taliban of Afghanistan, and repealing Regulation
(EC) No 337/2000 and for annulment of Commission Regu-
lation (EC) No 2062/2001 of 19 October 2001 amending, for
the third time, Regulation No 467/2001;

strengthening the

2) Dismisses the action in so far as it is brought against Council
Regulation (EC) No 881/2002 of 27 May 2002 imposing
certain specific restrictive measures directed against certain persons
the Al-Qaeda
and entities associated with Usama bin Laden,
network
repealing Regulation No
467/2001;

the Taliban,

and

and

3) Orders the applicant to bear, in addition to his own costs, those
of the Council and those incurred by the Commission until 1 July
2002;

4) Orders

the United Kingdom of Great Britain and Northern
Ireland, and the Commission for the period after 1 July 2002, to
bear their own costs.

(2005/C 281/33)

Language of the case: French

Parties

Applicant(s): Daniela Napoli Buzzanca
(represented by: G. Vandersanden and L. Levi, lawyers)

(Brussels, Belgium)

Defendant(s): Commission of the European Communities (repre-
sented by: J. Currall and V. Joris, Agents)

Application for

firstly, annulment of the decisions of the Commission of 30
in grade A2, of
January 2002 appointing Ms S. as director,
Directorate ‘Multilateral relations and human rights’ of
the
‘External Relations’ Directorate-General and rejecting the appli-
cant's candidature for that post, and annulment, to the extent
necessary, of the implied rejection by the Commission of her
complaint under Article 90(2) of
the Staff Regulations,
secondly, an order that the defendant pay damages assessed, as
at the date of the action and subject to possible increase, in the
sum of EUR 23 213,96 and, finally, an order that the Commis-
sion produce her administrative file.

Operative part of the judgment

The Court:

1) Annuls the decisions of the Commission of 30 January 2002
appointing Ms S. to the post concerned by vacancy notice COM/
156/01 and rejecting the applicant's candidature for that post.

2) Dismisses the remainder of the application.

3) Orders the Commission to pay the costs.

(1) OJ C 56, 2.3.2002.

(1) OJ C 247, 12.10.2002.