Case T-276/08: Action brought on 15 July 2008 — Al-Aqsa v Council
Date: 2008-07-15
Institutions: Court of First Instance
Subjects: Council of the European Union, action for annulment (EU), damages, economic sanctions, international sanctions, restriction of liberty, terrorism

13.9.2008

EN

Official Journal of the European Union

C 236/15

Action brought on 15 July 2008 — Al-Aqsa v Council

non-material damage, in respect of which the Council has been
liable since 28 June 2003, that being the date on which the
European measures entered into force.

(Case T-276/08)

(2008/C 236/25)

Language of the case: Dutch

Parties

Applicant: Al-Aqsa (Heerlen, Netherlands)
Pauw and M. Uiterwaal, lawyers)

(represented by:

J.

Defendant: Council of the European Union

Form of order sought

— declare that the Council is under an obligation to compen-
sate the applicant for the damage which it has suffered, in
the amount of EUR 10 600 000, plus interest to be calcu-
lated up to the date of judgment in the present case, or at
least such compensation as the Court may determine;

— order the Council to pay the costs of these proceedings.

Pleas in law and main arguments

The applicant is seeking compensation in respect of the damage
which it claims to have suffered by reason of the fact that
Council Decision 2003/480/EC of 27 June 2003 (1) placed it on
the list of persons to whom Regulation (EC) No 2580/2001 (2)
is to apply. The applicant's inclusion on the list has subsequently
been confirmed on the occasion of each update.

The applicant contends that these decisions are unlawful for a
variety of reasons. The applicant first points out that Decision
2006/379/EC of 29 May 2006 (3) was annulled by the Court on
the ground that it failed to meet the requirement of an adequate
statement of reasons (4). The applicant contends further that the
decisions are vitiated by a number of substantive defects, and
refers in this connection to its pleas in law in Cases T-327/03
and T-348/07 Al-Aqsa v Council (5).

In issue here, according to the applicant, are sufficiently serious
breaches of rights conferred on individuals as accordingly to
justify the award of compensation. The damage suffered by
involves both damage to its reputation and
the applicant

(1) Council Decision 2003/480/EC of 27 June 2003 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 2002/974/EC (OJ 2003
L 160, p. 81).

(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).
(3) Council Decision 2006/379/EC of 29 May 2006 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 2005/930/EC (OJ 2006
L 144, p. 21).

(4) Judgment of the Court of First Instance of 11 July 2007 in Case

T-327/03 Al-Aqsa v Council.

(5) OJ 2003 C 289, p. 30, and OJ 2007 C 269, p. 61, respectively.

Action brought on 15 July 2008 — Bayer Healthcare v
OHIM — Laboratorios ERN (CITRACAL)

(Case T-277/08)

(2008/C 236/26)

Language in which the application was lodged: English

Parties

Applicant: Bayer Healthcare LLC (Morristown, United States)
(represented by: M. Edenborough, barrister)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Labora-
torios ERN, SA (Sant Just Desvern, Spain)

Form of order sought

— Annul the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 5 May 2008 in case R 459/2007-4; and

— Order the defendant or alternatively the other party to the
proceedings before the Board of Appeal to pay the costs. As
a further alternative, to order the defendant and the other
party to the proceedings before the Board of Appeal to be
liable jointly and severally for the costs.