Case T-136/06: Action brought on  5 May 2006  — Sanabel Relief Agency v Council
Date: 2006-07-15
Institutions: Court of First Instance
Subjects: Council of the European Union, action for annulment (EU), economic sanctions, foreign capital, legal person, terrorism

C 165/30

EN

Official Journal of the European Union

15.7.2006

The applicant submits that the Council was not competent to
adopt Article 2 of Regulation No 881/2002 as amended in that
Articles 60 EC, 301 EC and 308 EC do not confer on the
Council the power to do so. Furthermore, the Council and the
Commission misused their powers in that Article 2 of Regu-
lation No 881/2002 as amended does not pursue the objectives
of Articles 60 EC, 301 EC and 308 EC.

The applicant further alleges that Article 2 of Regulation No
881/2002 as amended infringes the fundamental principles of
Community law,
in particular the principles of subsidiarity,
proportionality and respect for fundamental rights.

Finally the applicant pleads infringement of an essential proce-
dural requirement in the adoption of Article 2 of Regulation
No 881/2002 as amended, namely the requirement that the
Council and the Commission state adequate reasons why the
measures considered necessary cannot be determined by indivi-
dual Member States.

(1) Commission Regulation (EC) No 246/2006 of 10 February 2006
amending for the 63rd 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 Regu-
lation (EC) No 467/2001 (OJ 2006 L 40, p. 13).

(2) 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-Qaida 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 2002 L, p. 9).

— order the Council to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments relied on by the applicant
are identical to those relied on in Case T-135/06 Al-Faqih v
Council.

Action brought on 5 May 2006 — Abdrabbah v Council

(Case T-137/06)

(2006/C 165/60)

Language of the case: English

Parties

Applicant: Ghunia Abdrabba (Birmingham, United KIngdom)
(represented by: N. Garcia, Solicitor, S. Cox, Barrister)

Defendant: Council of the European Union

Form of order sought

— Annulment of Article 2 of Council Regulation (EC) No
881/2002 of 27 May 2002 as amended by Council Regu-
lation (EC) No 561/2003 of 27 March 2003 and Commis-
sion Regulation (EC) No 246/2006 of 10 February 2006
and of the reference to the applicant in Annex I;

Action brought on 5 May 2006 — Sanabel Relief Agency
v Council

— order the Council to pay the costs.

Pleas in law and main arguments

(Case T-136/06)

(2006/C 165/59)

Language of the case: English

The pleas in law and main arguments relied on by the applicant
are identical to those relied on in Case T-135/06 Al-Faqih v
Council.

Parties

Applicant: Sanabel Relief Agency Ltd (Birmingham, United
(represented by: N. Garcia, Solicitor, S. Cox,
Kingdom)
Barrister)

Defendant: Council of the European Union

Action brought on 5 May 2006 — Nasuf v Council

(Case T-138/06)

(2006/C 165/61)

Language of the case: English

Form of order sought

— Annulment of Article 2 of Council Regulation (EC) No
881/2002 of 27 May 2002 as amended by Council Regu-
lation (EC) 561/2003 of 27 March 2003 and Commission
Regulation (EC) No 246/2006 of 10 February 2006 and of
the reference to the applicant in Annex I;

Parties

Applicant: Taher Nasuf (Manchester, United Kingdom) (repre-
sented by: N. Garcia, Solicitor, S. Cox, Barrister)

Defendant: Council of the European Union