Case T-253/02: Judgment of the Court of First Instance of 12 July 2006 — Chafiq Ayadi v Council (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: 2006-09-16
Institutions: Court of First Instance
Subjects: abuse of power, action for annulment (EU), administrative sanction, foreign capital, international sanctions, terrorism, trade restriction

C 224/34

EN

Official Journal of the European Union

16.9.2006

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 12 July 2006 —
Chafiq Ayadi v Council

Judgment of the Court of First Instance of 11 July 2006 —
Torres v OHIM — Bodegas Muga (Torre Muga)

(Case T-253/02) (1)

(Case T-247/03) (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)

(Community trade mark — Opposition proceedings — Appli-
cation for figurative Community trade mark Torre Muga —
Earlier national and international word marks TORRES —
Likelihood of confusion — Breach of the rights of the
defence)

(2006/C 224/73)

Language of the case: English

(2006/C 224/74)

Language of the case: Spanish

Parties

Applicant: Chafiq Ayadi (Dublin, Ireland) (represented by: initi-
ally by A. Lyon, H. Miller and M. Willis-Stewart, Solicitors, and
S. Cox, Barrister, and subsequently by A. Lyon, H. Miller and S.
Cox)

Defendant: Council of the European Union (represented by: M.
Vitsentzatos and M. Bishop, Agents)

Interveners in support of the defendant: United Kingdom of Great
Britain and Northern Ireland (represented: initially by J. Collins,
and subsequently by R. Caudwell, Agents, and by S. Moore,
Barrister) and Commission of
the European Communities
(represented by: C. Brown and M. Wilderspin, Agents)

Re:

The partial annulment of Council Regulation 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 freeze of funds
and other financial resources in respect of
the Taliban of
Afghanistan (OJ 2002 L 139, p. 9)

Operative part of the judgment

The Court:

1. Dismisses the action;

Parties

Applicant: Miguel Torres (Vilafranca del Penedés, Spain) (repre-
sented by: E. Armijo Chávarri, M.A. Baz de San Ceferino and A.
Castán Pérez-Gómez, lawyers)

Defendant: Office for Harmonisation in the Internal Market
I. de Medrano
(Trade Marks and Designs)
Caballero and S. Laitinen, acting as Agents)

(represented by:

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Bodegas Muga, SA
(Haro, Spain) (represented by: L.M. Polo Flores and F. Porcuna
de la Rosa, lawyers)

Re:

the decision of

Action brought against
the First Board of
Appeal of Office for Harmonisation in the Internal Market
(Trade Marks and Designs) of 7 April 2003 (Case R 998/2001-
1) concerning opposition proceedings between Miguel Torres,
SA, and Bodegas Muga, SA

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to bear, in addition to his own costs, those of

the Council;

2. Orders the applicant to pay the costs incurred by the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM);

3. Orders

the United Kingdom of Great Britain and Northern

Ireland and the Commission to bear their own costs.

3. Orders the intervener to bear its own costs.

(1) OJ C 289, 23.11.2002.

(1) OJ C 213, 6.9.2003.