Case T-49/04: Judgment of the Court of First Instance of 12 July 2006 — Hassan 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 and damages) )
Date: 2006-09-16
Institutions: Court of First Instance
Subjects: Afghanistan, action for annulment (EU), common foreign and security policy, economic sanctions, foreign capital, international sanctions, terrorism

C 224/36

EN

Official Journal of the European Union

16.9.2006

Judgment of the Court of First Instance of 12 July 2006 —
Hassan v Council and Commission

Judgment of the Court of First Instance of 13 July 2006 —
Vounakis v Commission

(Case T-49/04) (1)

(Case T-165/04) (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
funds — Fundamental rights — Jus cogens —
— Freezing of

Review by the Court — Action for annulment and damages))

(Officials — Career development
review — 2001/2002
assessment exercise — Incompetence of the appeal assessor
— Manifest error of assessment — Duty to state reasons)

(2006/C 224/77)

Language of the case: English

(2006/C 224/78)

Language of the case: French

Parties

Parties

Applicant: Faraj Hassan (Brixton, United Kingdom) (represented
by: E. Grieves, Barrister, and H. Miller, Solicitor)

Applicant: Hippocrate Vounakis (Wezembeek-Oppem, Belgium)
(represented by: S. Orlandi, A. Coolen,
J.-N. Louis and É.
Marchal, lawyers)

Defendants: Council of the European Union (represented by:
S. Marquardt and E. Finnegan, Agents) and Commission of the
European Communities
J. Enegren and
C. Brown, Agents)

(represented by:

Defendant: Commission of the European Communities (repre-
sented by: G. Berscheid and V. Joris, Agents)

Re:

Application, first, 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
and repealing Council Regulation (EC) No
the Taliban,
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), as amended by
Commission Regulation (EC) No 2049/2003 of 20 November
2003 amending Regulation No 881/2002 for the 25th time
(OJ 2003 L 303, p. 20), and, second, for damages

Operative part of the judgment

The Court:

1. Dismisses the action;

Re:

Action for annulment of the decision of 23 May 2003 estab-
lishing the applicant's career development review for the period
from 1 July 2001 to 31 December 2002.

Operative part of the judgment

The Court:

1. Annuls the decision of 23 May 2003 establishing the applicant's
career development review for the period from 1 July 2001 to 31
December 2002 in so far as it concerns the section ‘Conduct in
the service’;

2. Dismisses the remainder of the action;

3. Orders the Commission to bear its own costs and one third of

those incurred by the applicant;

2. Orders the applicant to pay the costs.

4. Orders the applicant to bear two thirds of his own costs.

(1) OJ C 94, 17.4.2004.

(1) OJ C 179, 10.7.2004.