Case T-135/06: Action brought on  5 May 2006  — Al-Faqih 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, foreign national, natural person, terrorism

15.7.2006

EN

Official Journal of the European Union

C 165/29

equality

far as the consultation procedures were not followed correctly
in taking the contested decision. The applicant claims that the
contested decision infringes the principles of objectivity, impar-
In addition, he
and non-discrimination.
tiality,
advances arguments relating to infringement of the obligation
to state reasons and failure to comply with the rules relating to
the notification of decisions by institutions in breach of the
Code of Good Administrative Behaviour. Lastly, in support of
the applicant submits an argument relating to
his action,
misuse of powers and errors of appreciation of the facts.

(1) Not yet published in the ECR

Action brought on 11 May 2006 — Xentral v OHIM —
Pages Jaunes (Word mark ‘PAGESJAUNES.COM’)

(Case T -134/06)

(2006/C 165/57)

Decision of the Opposition Division: Opposition upheld for all the
goods disputed

Decision of the Board of Appeal: Appeal rejected

Pleas in law: The applicant relies on its previous right to the
domain name ‘PAGESJAUNES.COM’ which,
is
enforceable against the opposing party's trade mark and busi-
ness name.

in its view,

It also relies on an infringement of Article 7(1)(c) and (d) of
Council Regulation 40/94, in that the opposing party's trade
mark is customary and has very little distinctive character.

It claims that its trade mark, in respect of which registration
was sought, does not compromise the business name or
commercial name of the opposing party.

The applicant also disputes the renown of the opposing party's
trade mark.

Language in which the application was lodged: French

Action brought on 5 May 2006 — Al-Faqih v Council

Parties

Applicant: Xentral LLC (Miami, United States of America) (repre-
sented by: A. Bertrand, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM)

Other party to the proceedings before the Board of Appeal: Pages
Jaunes SA (Sèvres, France)

Form of order sought

The applicant asks the Court to:

— set aside Decision R 708/2005-1 dated 15 February 2006;

— uphold the Community trade mark ‘PAGESJAUNES.COM’

— declare that all costs are the responsibility of the Board of

Appeal of OHIM.

Pleas in law and main arguments

Applicant for a Community trade mark: Xentral LLC

(Case T-135/06)

(2006/C 165/58)

Language of the case: English

Parties

Applicant: Al-Bashir Mohammed Al-Faqih (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) 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;

— order the Council to pay the costs.

Community
NES.COM’ for goods in Class 16 (application no 1 880 871)

trade mark concerned: Word mark ‘PAGESJAU-

Pleas in law and main arguments

Proprietor of the mark or sign cited in the opposition proceedings:
Pages Jaunes SA

Mark or sign cited in opposition: National word mark ‘LESPAGES-
JAUNES’ for goods in Class 16, the business name and the
commercial name ‘PAGES JAUNES’

The applicant
is a Libyan citizen residing in the United
Kingdom. He seeks the annulment of among others Regulation
No 246/2006 (1) by which his name was added to the list of
persons, groups and entities associated with Usama bin Laden,
the Al-Qaida network and the Taliban, to whom a freeze of
funds and other financial resources apply pursuant to Article 2
of Regulation No 881/2002 (2).

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