Case T-47/03: Judgment of the Court of First Instance (Second Chamber) of 11 July 2007 — Jose Maria Sison v Council of the European Union (Common foreign and security policy — Restrictive measures against certain persons and entities with a view to combating terrorism — Freezing of funds — Competence of the Community — Action for annulment — Rights of the defence — Statement of reasons — Right to effective judicial protection — Action for damages)
Date: 2007-08-25
Institutions: Court of First Instance
Subjects: Council of the European Union, European Commission, action for annulment (EU), administrative sanction, economic sanctions, international sanctions, refugee, restriction of liberty, terrorism

25.8.2007

EN

Official Journal of the European Union

C 199/27

Judgment of the Court of First Instance (Second Chamber)
of 11 July 2007 — Jose Maria Sison v Council of the
European Union

(Case T-47/03) (1)

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

3. Orders the Council to bear, in addition to its own costs, the appli-
cant's costs, including those incurred in the proceedings for interim
measures, and also the costs of
the
National Democratic Front of the Philippines, Luis G. Jalandoni,
Fidel V. Agcaoili and Maria Consuelo K. Ledesma;

the Negotiating Panel of

4. Orders the Kingdom of the Netherlands and the United Kingdom
of Great Britain and Northern Ireland to bear their own costs.

(1) OJ C 101, 26.4.2003.

(2007/C 199/49)

Language of the case: English

Parties

Applicant: Jose Maria Sison (Utrecht, Netherlands) (represented
by J. Fermon, A. Comte, H. Schultz, D. Gurses and T. Olsson,
lawyers)

Defendant: Council of
M. Vitsentzatos and M. Bishop, acting as Agents)

the European Union (represented by:

Interveners in support of the applicants: Negotiating Panel of the
National Democratic Front of the Philippines (Utrecht); Luis G.
Jalandoni (Utrecht); Fidel V. Agcaoili (Utrecht); Maria Consuelo
K. Ledesma (Utrecht) (represented by B. Tomlow, lawyer)

Interveners in support of the defendants: Kingdom of the Nether-
lands (represented by H. Sevenster, acting as Agent) and United
Kingdom of Great Britain and Northern Ireland (represented
initially by R. Caudwell and subsequently by C. Gibbs, acting as
Agents, and by S. Moore, Barrister)

Re:

Application for,
first, partial annulment of Council Decision
2002/974/EC of 12 December 2002 implementing Article 2(3)
of Regulation (EC) No 2580/2001 on specific restrictive
measures directed against certain persons and entities with a
repealing Decision
terrorism and
view to
2002/848/EC (OJ 2002 L 337, p. 85), and, secondly, compensa-
tion for damage.

combating

Operative part of the judgment

The Court:

1. Annuls Council Decision 2006/379/EC of 29 May 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 and repealing Decision
2005/930/EC in so far as it concerns the applicant;

2. Rejects the application for compensation;

Judgment of the Court of First Instance of 11 July 2007 —
Fédération des industries condimentaires de France and
Others v Commission

(Case T-90/03) (1)

liability — Incompatibility of

(Non-contractual
the Com-
munity prohibition on the importation of meat containing
substances having a hormonal action with the rules of the
World Trade Association (WTO) — Imposition by the United
States of America of a surcharge on the import of products
from the Community pursuant to WTO authorisation —
Termination by the Commission of proceedings to investigate
trade barriers — Application for compensation of groups of
Community exporters adversely affected by the surcharge)

(2007/C 199/50)

Language of the case: French

Parties

Applicants: Fédération des industries condimentaires de France
(FICF) (Paris, France); the Confédération Générale des produc-
teurs de lait de brebis et des industriels de Roquefort (Millau,
France); Comité économique agricole régional fruits et légumes
de Bretagne (Cerafel) (Morlaix, France); and Comité interprofes-
sionnel des palmipèdes à foie gras (CIFOG) (Paris, France) (repre-
sented by: initially, M. Jacquot and O. Prost, and subsequently,
O. Prost, K. Lentz, E. Berthelot and M. Baudin, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: P. Kuijper, C. Brown and G. Boudot, acting as Agents)

Party intervening in support of the defendant: Kingdom of Spain
(represented by:
initially, E. Braquehais Conesa, and subse-
quently, J. Rodriguez Cárcamo, acting as Agents)