Case T-75/07: Action brought on 12 March 2007 — Ahmed Hamdi v Council of the European Union
Date: 2007-03-12
Institutions: Court of First Instance
Subjects: action for annulment (EU), economic sanctions, international sanctions, natural person, restriction of liberty, terrorism

C 117/22

EN

Official Journal of the European Union

26.5.2007

COURT OF FIRST INSTANCE

Action brought on 12 March 2007 — Ahmed Hamdi v
Council of the European Union

(Case T-75/07)

(2007/C 117/35)

Language of the case: Dutch

Council. There is no link between the applicant and third coun-
tries or other aspects of the Community foreign and security
policy and thus the second pillar is not applicable to the appli-
cant's case.

Article 308 EC is not a legal basis because there is no link with
the implementation of
the
contested regulation does not give effect to any Union objective
and thus the combination of Articles 60, 301 and 308 is not an
adequate legal basis.

the common market. Moreover,

Parties

Applicant: Ahmed Hamdi (Amsterdam, Netherlands) (represented
by: M.J.G. Uiterwaal, lawyer)

Defendant: Council of the European Union

Form of order sought

— The Common Position 2002/402/CSFP (OJ 2002 L 344,
p. 93) is, in the case of the applicant, wrongly used as the
basis for Regulation 2001/2580/EC (OJ 2001 L 344, p. 70)
and so the regulation is not binding on the applicant;

— in any event,

that regulation should not be applied as

against the applicant;

— in any event, Decision 2006/1008/EC of 21 December

2006 (OJ 2006 L 379, p. 123) should be annulled;

— the Councilshould be ordered to pay the costs.

Pleas in law and main arguments

The applicant was sentenced to a period of imprisonment after
the national court found that he had been proved to belong to a
terrorist organisation,
the Hofstadgroep. The applicant has
appealed against that judgment.

submits

the applicant

the contested decision
Finally,
infringes his fundamental rights, in particular the right to the
peaceful enjoyment of property and his right to undisturbed
private life, as follow from the Convention for the Protection of
Human Rights and Fundamental Freedoms (ECHR).

that

(1) Council Decision 2006/1008/EC of 21 December 2006 imple-
menting 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 (OJ 2006 L 379, p. 123).

(2) Council Regulation (EC) No 2580/2001 of 27 December 2001 on
specific restrictive measures directed against certain persons and enti-
ties with a view to combating terrorism (OJ 2001 L 344, p. 70).

Action brought on 12 March 2007 — El Fatmi v Council of
the European Union

(Case T-76/07)

(2007/C 117/36)

Language of the case: Dutch

In Decision 2006/1008/EC (1) the Council added the applicant
to the list of persons and entities to which Regulation (EC)
No 2580/2001 (2) applies.

Parties

In support of his action the applicant submits that both the
contested decision and the contested regulation were adopted in
breach of essential procedural requirements and in particular
with an inadequate statement of reasons. In the regulation, the
Council has failed to explain why it was necessary in the frame-
work of the common market. In the decision, there is no state-
ment of the reasons why the Council considered that it had to
apply Regulation No 2580/2001 to the applicant.

The applicant also submits that the contested decision lacks the
necessary legal basis. Regulation No 2580/2001 conflicts with
the EC Treaty in so far as the regulation is applied to the appli-
cant. The contested regulation is not the necessary implementa-
tion of obligations flowing from a resolution of the UN Security

Applicant: Nouriddin El Fatmi (Amsterdam, Netherlands) (repre-
sented by: M.J.G. Uiterwaal, lawyer)

Defendant: Council of the European Union

Form of order sought

— Common Position 2002/402/CSFP (OJ 2002 L 344, p. 93)
is, in the case of the applicant, wrongly used as the basis for
Regulation 2001/2580/EC (OJ 2001 L 344, p. 70) and so
the regulation is not binding on the applicant;