Case T-228/02: Judgment of the Court of First Instance of 12 December 2006 — Organisation des Modjahedines du peuple d'Iran v Council (Common foreign and security policy — Restrictive measures directed against certain persons and entities with a view to combating terrorism — Freezing of funds — Actions for annulment — Rights of the defence — Statement of reasons — Right to effective judicial protection — Action for damages)
Date: 2006-12-30
Institutions: Court of First Instance
Subjects: Council of the European Union, action for annulment (EU), common foreign and security policy, international sanctions, restriction of liberty, terrorism

C 331/28

EN

Official Journal of the European Union

30.12.2006

Judgment of the Court of First Instance of 23 November
2006 — Ter Lembeek v Commission

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

(Case T-217/02) (1)

(State aid — Aid granted to the Belgian Beaulieu Group —
Debt waiver)

(2006/C 331/62)

Language of the case: Dutch

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

Parties

Re:

Applicant: Ter Lembeek International NV (Wielsbeke, Belgium)
(represented by:
and
F. Tuytschaever, lawyers)

J.-P. Vande Maele,

F. Wijckmans

Defendant: Commission of the European Communities (repre-
sented by: G. Rozet and H. van Vliet, Agents)

Re:

Annulment of Articles 1 and 2 of Commission Decision
2002/825/EC of 24 April 2002 on the State aid implemented
by Belgium for the Beaulieu Group (Ter Lembeek International)
(OJ 2002 L 296, p. 60).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 247, 12.10.2002.

Annulment of Council Decision 2002/460/EC of 17 June 2002
implementing Article 2(3) of Regulation (EC) No 2580/2001 on
specific restrictive measures directed against certain persons and
entities with a view to combating terrorism and repealing Deci-
sion 2002/334/EC (OJ 2002 L 160, p. 26), of Council
Common Position 2002/462/CFSP of 17 June 2002 updating
Common Position 2001/931/CFSP on the application of specific
measures to combat terrorism and repealing Common Position
2002/340/CFSP (OJ 2002 L 160, p. 32), and of Council
Common Position 2002/340/CFSP of 2 May 2002 updating
Common Position 2001/931/CFSP on the application of specific
measures to combat terrorism (OJ 2002 L 116, p. 75), in so far
as the applicant appears in the list of persons, groups and enti-
ties to which those provisions apply

Operative part of the judgment

The Court:

as

far

1. Dismisses the action as in part inadmissible and in part unfounded
in so
of Common Position
2005/936/CFSP of 21 December 2005 updating Common Posi-
tion
Position
2005/847/CFSP;

2001/931/CFSP

annulment

Common

repealing

seeks

and

it

Judgment of the Court of First Instance of 12 December
2006 — Organisation des Modjahedines du peuple d'Iran v
Council

(Case T-228/02) (1)

(Common foreign and security policy — Restrictive measures
directed against certain persons and entities with a view to
combating terrorism — Freezing of funds — Actions for
annulment — Rights of the defence — Statement of reasons
to effective judicial protection — Action for
— Right

damages)

(2006/C 331/63)

2. Annuls,

in so far as it concerns the applicant, Council Decision
2005/930/EC of 21 December 2005 implementing Article 2(3)
of Regulation (EC) No 2580/2001 on specific restrictive measures
directed against
certain persons and entities with a view to
combating terrorism and repealing Decision 2005/848/EC;

3. Dismisses the claim for damages as inadmissible;

4. Orders the Council to bear its own costs and to pay four fifths of

the applicant's costs;

5. Orders the United Kingdom of Great Britain and Northern Ireland

Language of the case: French

to bear its own costs.

Parties

(1) OJ C 247, 12.10.2002.

Applicant: Organisation des Modjahedines du peuple d'Iran
lawyer,
(Auvers-sur-Oise, France) (represented by:
D. Vaughan QC, and É. de Boissieu, lawyer)

J.-P. Spitzer,