CELEX: C2004/284/38
Language: en
Date: 2004-11-20 00:00:00
Title: Case T-299/04: Action brought on 7 July 2004 by Abdelghani Selmani against the Council of the European Union and the Commission of the European Communities

20.11.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 284/18
            
         Action brought on 7 July 2004 by Abdelghani Selmani against the Council of the European Union and the Commission of the European Communities
   (Case T-299/04)
   (2004/C 284/38)
   Language of the case: English
   An action against the Council of the European Union and the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 7 July 2004 by Abdelghani Selmani, Dublin, Ireland, represented by Mr C. Ó Briain Solicitor.
   The applicant claims that the Court should:
   
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               Annul Article 2 of Council Regulation (EC) No 2580/2001 (1) as well as Article 1 of Council Decision 2004/306/EC (2) insofar as they apply, or purport to apply, to the applicant;
            
         
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               Annul all Council decisions made on foot of Regulation 2580/2001 having like effect to Decision 2004/306 insofar as they apply, or purport to apply, to the applicant;
            
         
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               If necessary, annul Article 2 of 2001/931/CFSP (3), Article 1 of Council Common Position 2004/500/CFSP (4) as well as all Council Common Positions adopted on the foot of Common Position 2001/931, in all cases insofar as they apply, or purport to apply, to the applicant;
            
         
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               In the alternative, declare that the above measures are void, insofar as they apply, or purport to apply, to the applicant;
            
         
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               Order the Council to pay the costs.
            
         Pleas in law and main arguments:
   Council Common Position 2001/931/CSFP was adopted with the stated purpose of implementing Resolution 1373 (2001) of the Security Council of the United Nations, calling on all signatory states to prevent the financing of terrorist acts by, inter alia, freezing the funds and resources of all persons who may be involved in such acts. Regulation 2580/2001 was adopted in order to implement this common position. Article 2 makes provision for the freezing of assets belonging to persons involved in terrorist activity, to be established by the Council in accordance with paragraph 3 of Article 2. Council Decision 2004/306 provides such a list and includes the name of the applicant, an Algerian national. As a result, the applicant's assets in Ireland, where he resides having been granted refugee status, were frozen.
   In support of his application to annul the contested measures the applicant submits that the Council was not competent, under Articles 60, 301 and 308 of the EC Treaty, to adopt Article 2 of Regulation 2580/2001 and Article 1 of Decision 2004/306 and that both the Council and the Commission misused their powers under those articles. The applicant further contends that the list of names appearing in Decision 2004/306 was not established in accordance with the provisions laid down in Article 1 paragraph 4 of Common Position 2001/931. The applicant also claims that the Council had no power under Articles 15 and 34 EU to adopt Common Positions 2001/931 and 2004/500 which, according to the applicant, violate these articles and the EC Treaty in general.
   The applicant also submits that the contested measures violate fundamental principles of Community law, in particular subsidiarity, proportionality and respect for fundamental human rights. He further submits that the Council and the Commission have failed to state adequate reasons as to why the measures considered necessary could not be determined by each individual Member State.
   
      (1)  Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism O J L 344, 28.12.2001, p. 70.
   
      (2)  Council Decision of 2 April 2004 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 2003/902/EC, OJ L 99, 3.4.2004, p. 28.
   
      (3)  Council Common Position of 27 December 2001 on the application of specific measures to combat terrorism, OJ L 344, 28.12.2001, p. 93.
   
      (4)  Council Common Position 2004/500/CFSP of 17 May 2004 updating Common Position 2001/931/CFSP on the application of specific measures to combat terrorism and repealing Common Position 2004/309/CFSP.