Case T-348/07: Judgment of the General Court of 9 September 2010 — Al-Aqsa v Council (Common foreign and security policy — Restrictive measures against certain persons and entities with a view to combating terrorism — Freezing of funds — Common Position 2001/931/CFSP and Regulation (EC) No 2580/2001 — Action for annulment — Adaptation of heads of claim — Judicial review — Conditions for implementation of a European Union measure freezing funds)
Date: 2010-09-09
Institutions: General Court
Subjects: action for annulment (EU), economic sanctions, international sanctions, natural person, terrorism








C_2010288EN.01003202.xml










23.10.2010   


EN


Official Journal of the European Union


C 288/32






Judgment of the General Court of 9 September 2010 — Al-Aqsa v Council
(Case T-348/07) (1)

(Common foreign and security policy - Restrictive measures against certain persons and entities with a view to combating terrorism - Freezing of funds - Common Position 2001/931/CFSP and Regulation (EC) No 2580/2001 - Action for annulment - Adaptation of heads of claim - Judicial review - Conditions for implementation of a European Union measure freezing funds)
(2010/C 288/61)
Language of the case: Dutch

Parties


Applicant: Stichting Al-Aqsa (Heerlen (Netherlands) (represented by: J. Pauw, G. Pulles, A.M. van Eik and M. Uiterwaal, lawyers)

Defendant: Council of the European Union (represented by: E. Finnegan, G.-J. Van Hegelsom and B. Driessen, Agents)

Interveners in support of the defendant: Kingdom of the Netherlands (represented by: C.M. Wissels, M. de Mol and Y. de Vries, Agents); and European Commission, (represented by: P. van Nuffel and S. Boelaert, Agents)

Re:

Application, originally, in essence, for annulment of Council Decision 2007/445/EC of 28 June 2007 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 Decisions 2006/379/EC and 2006/1008/EC (OJ 2007 L 169, p. 58), in so far as that act concerns the applicant

Operative part of the judgment

The Court:






1.


Annuls Council Decision 2007/445/EC of 28 June 2007 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 Decisions 2006/379/EC and 2006/1008/EC; Council Decision 2007/868/EC of 20 December 2007 implementing Article 2(3) of Regulation No 2580/2001 and repealing Decision 2007/445; Council Decision 2008/583/EC of 15 July 2008 implementing Article 2(3) of Regulation No 2580/2001 and repealing Decision 2007/868; Council Decision 2009/62/EC of 26 January 2009 implementing Article 2(3) of Regulation No 2580/2001 and repealing Decision 2008/583; and Council Regulation (EC) No 501/2009 of 15 June 2009 implementing Article 2(3) of Regulation No 2580/2001 and repealing Decision 2009/62, in so far as those acts concern Stitching Al-Aqsa;










2.


Dismisses the application as to the remainder;










3.


Orders the Council of the European Union to bear, in addition to its own costs, the costs of Stichting Al-Aqsa;










4.


Orders the Kingdom of the Netherlands and the European Commission to bear their own costs.






(1)  OJ C 269, 10.11.2007.