Joined Cases C-402/05 P and C-415/05 P: Judgment of the Court (Grand Chamber) of 3 September 2008 — Yassin Abdullah Kadi, Al Barakaat International Foundation v Council of the European Union, Commission of the European Communities, United Kingdom of Great Britain and Northern Ireland (Common foreign and security policy (CFSP) — Restrictive measures directed against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban — United Nations — Security Council — Resolutions adopted under Chapter VII of the United Nations Charter — Implementation within the Community — Common Position 2001/154/CFSP — Regulation (EC) No 881/2002 — Measures directed at persons and entities included in a list drawn up by a body of the United Nations — Freezing of funds and economic resources — Committee of the Security Council established by paragraph 6 of Resolution 1267 (1999) of the Security Council (Sanctions Committee) — Inclusion of those persons and entities in Annex I to Regulation (EC) No 881/2002 — Actions for annulment — Competence of the Community — Joint legal basis of Articles 60 EC, 301 EC and 308 EC — Fundamental rights — Right to respect for property, right to be heard and right to effective judicial review)
Date: 2008-09-03
Institutions: Court of Justice
Subjects: Afghanistan, UN resolution, action for annulment (EU), appeal, economic sanctions, export restriction, foreign capital, human rights, international sanctions

C 285/2

EN

Official Journal of the European Union

8.11.2008

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Judgment of the Court (First Chamber) of 11 September
2008 — Federal Republic of Germany (C-75/05 P), Glunz
AG, OSB Deutschland GmbH (C-80/05 P) v Kronofrance
SA, Commission of the European Communities

4. Orders the Commission of the European Communities to bear its

own costs.

(Joined Cases C-75/05 P and C-80/05 P) (1)

(1) OJ C 106, 30.4.2005.

(Appeals — State aid — Commission decision not to raise
objections — Action for annulment — Admissibility — Inter-
ested parties — Regional aid for large investment projects —
Multisectoral framework of 1998)

(2008/C 285/02)

Language of the case: German

Parties

Appellants: Federal Republic of Germany (represented by: W.-D.
Plessing, C. Schulze-Bahr, acting as Agents, M. Núñez-Müller,
Rechtsanwalt) (C-75/05 P), Glunz AG, OSB Deutschland GmbH
(represented by: H.-J. Niemeyer, Rechtsanwalt)

Other parties to the proceedings: Kronofrance SA (represented by:
R. Nierer and L. Gordalla, Rechtsanwälte), Commission of the
European Communities (represented by: V. Kreuschitz, acting as
Agent)

Re:

Appeal against the judgment of
the Court of First Instance
(Fourth Chamber, Extended Composition) of 1 December 2004
in Case T-27/02 (Kronofrance SA v Commission, supported by
Glunz AG and OSB Deutschland GmbH), by which the Court
annulled the Commission's Decision SG (2001) D of 25 July
2001 not to object to the aid granted by the German authorities
to Glunz AG — Infringement of
the fourth paragraph of
Article 230 EC — Infringement of Article 87(3) EC — Infringe-
ment of Article 64 of the Rules of Procedure of the Court of
First Instance

Operative part of the judgment

The Court:

1. Dismisses the appeals;

Judgment of the Court (Grand Chamber) of 3 September
2008 — Yassin Abdullah Kadi, Al Barakaat International
Foundation v Council of the European Union, Commission
of the European Communities, United Kingdom of Great
Britain and Northern Ireland

(Joined Cases C-402/05 P and C-415/05 P) (1)

(Common foreign and security policy (CFSP) — Restrictive
measures directed against persons and entities associated with
Usama bin Laden, the Al-Qaeda network and the Taliban —
United Nations — Security Council — Resolutions adopted
under Chapter VII of the United Nations Charter — Imple-
mentation within the Community — Common Position
2001/154/CFSP — Regulation (EC) No 881/2002 —
Measures directed at persons and entities included in a
list drawn up by a body of the United Nations — Freezing of
funds
the
Security Council established by paragraph 6 of Resolution
1267 (1999) of the Security Council (Sanctions Committee)
— Inclusion of those persons and entities in Annex I to Regu-
lation (EC) No 881/2002 — Actions for annulment —
Competence of
legal basis of
the Community — Joint
Articles 60 EC, 301 EC and 308 EC — Fundamental rights
— Right to respect for property, right to be heard and right to
effective judicial review)

resources — Committee

economic

and

of

(2008/C 285/03)

Languages of the case: English and Swedish

Parties

2. Orders the Federal Republic of Germany to pay the costs relating to

Case C-75/05 P;

3. Orders Glunz AG and OSB Deutschland GmbH to pay the costs

relating to Case C 80/05 P;

Appellants: Yassin Abdullah Kadi (represented by: I. Brownlie, D.
Anderson QC, P. Saini, Barrister, and G. Martin, Solicitor), Al
Barakaat International Foundation (represented by: L. Silbersky
and T. Olsson, advokater)

8.11.2008

EN

Official Journal of the European Union

C 285/3

Other parties to the proceedings: Council of the European Union
(represented by: M. Bishop, E. Finnegan and E. Karlsson, acting
as Agents), Commission of the European Communities (repre-
J. Enegren and P.J. Kuijper, acting as
sented by: C. Brown,
Agents), United Kingdom of Great Britain and Northern Ireland
(represented by: R. Caudwell, E.
Jenkinson and S. Behzadi-
Spencer, acting as Agents, and C. Greenwood QC, and A. Dash-
wood, Barrister)

in support of

the Council of

(represented by:

the European Union:
Interveners
Kingdom of Spain,
J. Rodríguez Cárcamo,
acting as Agent), French Republic (represented by: G. de
Bergues, E. Belliard, and S. Gasri, acting as Agents), Kingdom of
the Netherlands (represented by: H.G. Sevenster and M. de Mol,
acting as Agents)

Intervener in support of the Commission of the European Commu-
nities: French Republic (represented by: G. de Bergues, E. Belliard
and S. Gasri, acting as Agents)

Re:

lodged against

the judgment of

(Second Chamber,

Extended Composition)

the Court of First
Appeal
Instance
of
21 September 2005 in Case T-315/01 Yassin Abdullah Kadi v
Council and Commission, in which the Court of First Instance held
(a) that there was no need to adjudicate on the application for
annulment of Commission Regulation (EC) No 2062/2001 of
19 October 2001 amending, for the third time, Council Regu-
lation (EC) No 467/2001 of 6 March 2001 prohibiting the
export of certain goods and services to Afghanistan, strength-
ening the flight ban and extending the freeze of funds and other
financial resources in respect of the Taliban of Afghanistan, and
repealing Regulation (EC) No 337/2000 (OJ L 277, p. 25), in so
far it added the applicant to the list of persons, entities and
bodies affected by the freezing of funds imposed by that regu-
lation, and (b) dismissed as unfounded the application for annul-
ment 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 the Taliban, and repealing Regulation
(EC) No 467/2001 (OJ L 139, p. 9),
in so far as those acts
concerned him

lodged against

the judgment of

(Second Chamber,

Extended Composition)

the Court of First
Appeal
Instance
of
21 September 2005 in Case T-306/01 Yusuf and Al Barakaat
International Foundation v Council and Commission, in which the
Court of First Instance dismissed an application 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 the Taliban, and repealing Regulation
(EC) No 467/2001

Operative part of the judgment

The Court:

2. Annuls 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 the Taliban, and repealing Council Regu-
lation (EC) No 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, in so far as it concerns Mr Kadi
and the Al Barakaat International Foundation;

3. Orders the effects of Regulation No 881/2002 to be maintained,
so far as concerns Mr Kadi and the Al Barakaat International
Foundation, for a period that may not exceed three months running
from the date of delivery of this judgment;

4. Orders the Council of the European Union and the Commission of
the European Communities each to pay, in addition to their own
costs, half of those incurred by Mr Kadi and Al Barakaat Interna-
tional Foundation both at first instance and in these appeals;

5. Orders the United Kingdom of Great Britain and Northern Ireland
to bear its own costs both at first instance and in these appeals;

6. Orders

the Kingdom of Spain,

the French Republic and the

Kingdom of the Netherlands to bear their own costs.

(1) OJ C 36, 11.2.2006.
OJ C 48, 25.2.2006.

italiana

Judgment of the Court (Grand Chamber) of 9 September
2008 — Fabbrica
accumulatori motocarri
Montecchio SpA (FIAMM), Fabbrica italiana accumulatori
motocarri Montecchio
(FIAMM
Technologies), Giorgio Fedon & Figli SpA, Fedon America,
Inc. v Council of the European Union, Commission of the
European Communities, Kingdom of Spain

Technologies

Inc

(Joined Cases C-120/06 P and C-121/06 P) (1)

(Appeals — Recommendations and rulings of the World Trade
Organisation (WTO) Dispute Settlement Body — Determin-
ation of the Dispute Settlement Body that the Community
regime governing the import of bananas was incompatible
with WTO rules — Imposition by the United States of
America of retaliatory measures in the form of increased
customs duty levied on imports of certain products from
various Member States — Retaliatory measures authorised by
the WTO — No non-contractual Community liability —
Duration of the proceedings before the Court of First Instance
— Reasonable period — Claim for fair compensation)

(2008/C 285/04)

Language of the case: Italian

1. Sets aside the judgments of the Court of First Instance of the
European Communities of 21 September 2005 in Case T-315/01
Kadi v Council and Commission and Case T-306/01 Yusuf and
Al Barakaat International Foundation v Council and Commission;

Parties

Appellants: Fabbrica italiana accumulatori motocarri Montecchio
accumulatori motocarri
italiana
SpA (FIAMM),

Fabbrica