Joined Cases C-584/10 P, C-593/10 P and C-595/10 P: Judgment of the Court (Grand Chamber) of 18 July 2013 — European Commission (C-584/10 P), Council of the European Union (C-593/10 P), United Kingdom of Great Britain and Northern Ireland (C-595/10 P) v Yassin Abdullah Kadi, French Republic (Appeal — Common Foreign and Security Policy (CFSP) — Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban — Regulation (EC) No 881/2002 — Freezing of funds and economic resources of a person included in a list drawn up by a body of the United Nations — Listing of that person’s name in Annex I to Regulation (EC) No 881/2002 — Action for annulment — Fundamental rights — Rights of the defence — Principle of effective judicial protection — Principle of proportionality — Right to respect for property — Obligation to state reasons)
Date: 2013-07-18
Institutions: Court of Justice
Subjects: economic sanctions, fight against crime, international sanctions, miscarriage of justice, terrorism








C_2013260EN.01000201.xml










7.9.2013   


EN


Official Journal of the European Union


C 260/2





Judgment of the Court (Grand Chamber) of 18 July 2013 — European Commission (C-584/10 P), Council of the European Union (C-593/10 P), United Kingdom of Great Britain and Northern Ireland (C-595/10 P) v Yassin Abdullah Kadi, French Republic
(Joined Cases C-584/10 P, C-593/10 P and C-595/10 P) (1)

(Appeal - Common Foreign and Security Policy (CFSP) - Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban - Regulation (EC) No 881/2002 - Freezing of funds and economic resources of a person included in a list drawn up by a body of the United Nations - Listing of that person’s name in Annex I to Regulation (EC) No 881/2002 - Action for annulment - Fundamental rights - Rights of the defence - Principle of effective judicial protection - Principle of proportionality - Right to respect for property - Obligation to state reasons)
2013/C 260/02
Language of the case: English

Parties


Appellants: European Commission (C-584/10 P) (represented initially by P. Hetsch, S. Boelaert, E. Paasivirta and M. Konstantinidis, and subsequently by L. Gussetti, S. Boelaert, E. Paasivirta and M. Konstantinidis, Agents), Council of the European Union (C-593/10 P) (represented by M. Bishop, E. Finnegan and R. Szostak, Agents), United Kingdom of Great Britain and Northern Ireland (C-595/10 P) (represented initially by E. Jenkinson and subsequently by S. Behzadi-Spencer, acting as Agents, and by J. Wallace QC, D. Beard QC, and M. Wood, Barrister)

Other parties to the proceedings: Yassin Abdullah Kadi (represented by: D. Vaughan QC, V. Lowe QC, J. Crawford SC, M. Lester and P. Eeckhout, Barristers, G. Martin, Solicitor, and by C. Murphy), French Republic (represented by: E. Belliard, G. de Bergues, D. Colas, A. Adam and E. Ranaivoson, Agents)

Interveners in the appeals (Cases C-584/10 P and C-595/10 P) in support of the European Commission and the United Kingdom of Great Britain and Northern Ireland: Republic of Bulgaria (represented by: B. Zaimov, T. Ivanov and E. Petranova, Agents), Italian Republic (represented by: G. Palmieri, Agent, and by M. Fiorilli, avvocato dello Stato), Grand Duchy of Luxembourg (represented by: C. Schiltz, Agent), Hungary (represented by: M. Fehér, K. Szíjjártó and K. Molnár, Agents), Kingdom of the Netherlands (represented by: C. Wissels and M. Bulterman, Agents), Slovak Republic (represented by: B. Ricziová, Agent), Republic of Finland (represented by: H. Leppo, Agent)

Interveners in the appeal (Case C-593/10 P) in support of the Council of the European Union: Republic of Bulgaria (represented by: B. Zaimov, T. Ivanov and E. Petranova, Agents), Czech Republic (represented by: K. Najmanová, E. Ruffer, M. Smolek and D. Hadroušek, Agents), Kingdom of Denmark (represented by: L. Volck Madsen, Agent), Ireland (represented initially by D. O’Hagan and subsequently by E. Creedon, Agents, and by N. Travers BL and P. Benson, Solicitor), Kingdom of Spain (represented by: M. Muñoz Pérez and N. Díaz Abad, Agents), Italian Republic (represented by: G. Palmieri, Agent, and by M. Fiorilli, avvocato dello Stato), Grand Duchy of Luxembourg (represented by: C. Schiltz, Agent), Hungary (represented by: M. Fehér, K. Szíjjártó and K. Molnár, Agents), Kingdom of the Netherlands (represented by: C. Wissels and M. Bulterman, Agents), Republic of Austria, (represented by: C. Pesendorfer, Agent), Slovak Republic (represented by: B. Ricziová, Agent), Republic of Finland (represented by: H. Leppo, Agent)

Re:

Appeals brought against the judgment of the General Court (Seventh Chamber) of 30 September 2010 in Case T-85/09 Kadi v Commission, by which the General Court upheld an application for partial 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 the applicant’s name is included on the list of persons, groups and entities to which those provisions apply.

Operative part of the judgment

The Court:






1.


Dismisses the appeals;










2.


Orders the European Commission, the Council of the European Union and the United Kingdom of Great Britain and Northern Ireland to pay the costs;










3.


Orders the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, Ireland, the Kingdom of Spain, the French Republic, the Italian Republic, the Grand Duchy of Luxembourg, Hungary, the Kingdom of the Netherlands, the Republic of Austria, the Slovak Republic and the Republic of Finland to bear their own costs.






(1)  OJ C 72, 5.3.2011.