Case T-409/08: Action brought on 24 September 2008 — El Fatmi v Council
Date: 2008-09-24
Institutions: Court of First Instance
Subjects: Council of the European Union, Netherlands, action for annulment (EU), common market, protection of privacy, terrorism

C 301/54

EN

Official Journal of the European Union

22.11.2008

Action brought on 24 September 2008 — El Fatmi v
Council

Fourth, the Council has infringed the applicant's fundamental
rights and in particular the right to respect for private and
family life, the right to effective judicial protection and the right
to property.

(Case T-409/08)

(2008/C 301/90)

Language of the case: Dutch

(1) Council Regulation (EC) No 2580/2001of 27 December 2001on
specific restrictive measures directed against certain persons and enti-
ties with a view to combating terrorism (OJ 2001 L 344, p. 70).
(2) Council Decision of 15 July 2008 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 2007/868/EC (OJ 2008
L 188, p. 21).

(3) Council Common Position of 27 December 2001 on the application
of specific measures to combat terrorism (OJ 2001 L 344, p. 93).

Parties

Applicant: El Fatmi
Pulles)

(Vught, Netherlands)

(represented by: G.

Defendant: Council of the European Union

Action brought on 30 September 2008 — Artisjus Magyar
Szerzői Jogvédő Iroda Egyesület v Commission

Form of order sought

— Declare Regulation (EC) No 2580/2001 to be inapplicable
and/or declare Council Decision 2008/583/EC of 15 July
2008 to be void, in so far as they apply to the applicant;

— order the Council to pay the costs.

Parties

(Case T-411/08)

(2008/C 301/91)

Language of the case: English

Pleas in law and main arguments

Applicant: Artisjus Magyar Szerzői
(Budapest, Hungary)
and P. Vörös, lawyers)

Jogvédő Iroda Egyesület
(represented by: Z. Hegymegi-Barakonyi

Defendant: Commission of the European Communities

the Court

The applicant asks
to declare Regulation (EC)
No 2580/2001 (1) to be inapplicable to him and Council Deci-
sion 2008/583/EC (2) to be void, in so far as it applies to the
applicant.

Form of order sought

First, the applicant submits that the Council acted contrary to
the requirements of Article 5 EC. The Council had no power,
since there is no connection to third countries or
to the
common market.

— Annul Articles 3 and 4(2) of the decision in so far as they
relate to the applicant as well as Article 4(3) of the decision
in so far as it refers to Article 3;

— Order the Commission to pay the costs.

Second, Articles 60, 301 and 308 EC do not confer any power
to adopt the contested regulation.

Pleas in law and main arguments

Third, the Council acted contrary to Article 1(3) of Common
Position 2001/931 of 27 December 2001 (3) and infringed
essential procedural requirements and principles of Community
law, including the duty to state reasons. According to the appli-
cant, the national decisions on which the Council also relies are
not decisions adopted by a competent authority within the
meaning of Article 1(4) of the Common Position or are deci-
sions that have been annulled on appeal to the national courts.

By means of its application, the applicant seeks partial annul-
ment of Commission Decision C(2008) 3435 final of 16 July
2008 (Case COMP/C2/38.698 — CISAC) determining that the
EEA CISAC (1) members engaged in a concerted practice in
violation of Article 81 EC and Article 53 EEA, by coordinating
the territorial delineations of
representation
mandates granted to one another in a way which limits a
licence to the domestic territory of each collecting society.

the reciprocal