Case T-85/09: Judgment of the General Court of 30 September 2010 — Kadi v Commission (Common foreign and security policy — Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban — Regulation (EC) No 881/2002 — Freezing of a person’s funds and economic resources as a result of his inclusion in a list drawn up by a body of the United Nations — Sanctions Committee — Subsequent inclusion in Annex I to Regulation No 881/2002 — Action for annulment — Fundamental rights — Right to be heard, right to effective judicial review and right to respect for property)
Date: 2010-09-30
Institutions: General Court
Subjects: European Commission, action for failure to fulfil an obligation, fight against crime, infringement of EU law, terrorism








C_2010317EN.01002901.xml










20.11.2010   


EN


Official Journal of the European Union


C 317/29





Judgment of the General Court of 30 September 2010 — Kadi v Commission
(Case T-85/09) (1)

(Common foreign and security policy - Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban - Regulation (EC) No 881/2002 - Freezing of a person’s funds and economic resources as a result of his inclusion in a list drawn up by a body of the United Nations - Sanctions Committee - Subsequent inclusion in Annex I to Regulation No 881/2002 - Action for annulment - Fundamental rights - Right to be heard, right to effective judicial review and right to respect for property)
2010/C 317/52
Language of the case: English

Parties


Applicant: Yassin Abdullah Kadi (Jeddah, Saudi Arabia) (represented by: D. Anderson QC, M. Lester, Barrister and G. Martin, Solicitor)

Defendant: European Commission (represented initially by: P. Hetsch, P. Aalto and F. Hoffmeister, and, subsequently, by P. Hetsch, F. Hoffmeister and E. Paasivirta, Agents)

Interveners in support of the defendant: Council of the European Union (represented by: M. Bishop, E. Finnegan and R. Szostak, Agents), French Republic (represented by: G. de Bergues and L. Butel, Agents), United Kingdom of Great Britain and Northern Ireland (represented by: S. Behzadi-Spencer and E. Jenkinson, Agents, assisted by D. Beard, Barrister)

Re:

Application for annulment of Commission Regulation (EC) No 1190/2008 of 28 November 2008 amending for the 101st time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban (OJ 2008 L 322, p. 25), in so far as it concerns the applicant

Operative part of the judgment

The Court:






1.


Annuls Commission Regulation (EC) No 1190/2008 of 28 November 2008 amending for the 101st time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban, in so far as it concerns Mr Yassin Abdullah Kadi;










2.


Orders the European Commission, in addition to bearing its own costs, to pay those incurred by Mr Kadi;










3.


Orders the Council of the European Union, the French Republic and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.






(1)  OJ C 90, 18.4.2009.