Case C-340/08: Judgment of the Court (Fourth Chamber) of 29 April 2010 (reference for a preliminary ruling from the House of Lords — United Kingdom) — The Queen, M and Others v Her Majesty’s Treasury (Common foreign and security policy — Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban — Freezing of funds and economic resources — Regulation (EC) No 881/2002 — Article 2(2) — Prohibition of making funds available to the persons listed in Annex I to that regulation — Scope — Social security and social assistance benefits paid to the spouse of a person included in Annex I)
Date: 2010-04-29
Institutions: Court of Justice
Subjects: Afghanistan, international sanctions, interpretation of the law, married person, social security, social-security benefit, terrorism








C_2010161EN.01000602.xml










19.6.2010   


EN


Official Journal of the European Union


C 161/6






Judgment of the Court (Fourth Chamber) of 29 April 2010 (reference for a preliminary ruling from the House of Lords — United Kingdom) — The Queen, M and Others v Her Majesty’s Treasury
(Case C-340/08) (1)

(Common foreign and security policy - Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban - Freezing of funds and economic resources - Regulation (EC) No 881/2002 - Article 2(2) - Prohibition of making funds available to the persons listed in Annex I to that regulation - Scope - Social security and social assistance benefits paid to the spouse of a person included in Annex I)
(2010/C 161/08)
Language of the case: English

Referring court

House of Lords

Parties to the main proceedings


Applicant: The Queen, M and Others

Defendant: Her Majesty’s Treasury

Re:

Reference for a preliminary ruling — House of Lords — Interpretation of Article 2(2) 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-Qaida network and the Taliban, and repealing Council Regulation (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 (OJ 2002 L 139, p. 9) — Scope of the prohibition on making economic resources available to persons listed in Annex I — Social security or social assistance benefits provided by the State to such a person's spouse

Operative part of the judgment

Article 2(2) 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 Council Regulation (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, as amended by Council Regulation (EC) No 561/2003 of 27 March 2003, must be construed as not applying to the provision by the State of social security or social assistance benefits to the spouse of a person designated by the committee created pursuant to Paragraph 6 of Resolution 1267 (1999) of the Security Council of the United Nations and included in the list in Annex I to that regulation, as amended, on the grounds only that the spouse lives with that person and will or may use some of those payments to pay for goods and services which the designated person also will consume or from which he also will benefit.


(1)  OJ C 260, 11.10.2008.