CELEX: C2003/289/62
Language: en
Date: 2003-11-29 00:00:00
Title: Case T-327/03: Action brought on 19 September 2003 by STICHTING AL-AQSA against the Council of the European Union and Commission of the European Communities

C 289/30               EN                          Official Journal of the European Union                                         29.11.2003
Action brought on 19 September 2003 by STICHTING                           decision, in that contrary to the requirements of these pro-
AL-AQSA against the Council of the European Union and                      visions no decision had been taken by a competent authority
         Commission of the European Communities                            in respect of the applicant, concerning the instigation of
                                                                           investigations or prosecution for a terrorist act, based on
                                                                           serious and credible evidence or clues. The applicant also
                         (Case T-327/03)                                   invokes alleged violations of the general principles of Com-
                                                                           munity law, in particular the principles of proportionality, the
                        (2003/C 289/62)                                    right to a fair hearing, the right to privacy, the right to freedom
                                                                           of expression and association, and the right to property.
                                                                           Finally, the applicant submits that the contested decisions
                   (Language of the case: English)                         violate the freedom of circulation of capital protected by
                                                                           article 56 of the EC Treaty.
An action against the Council of the European Union and the                (1) OJ L 344, 28.12.2001, p. 70-75.
Commission of the European Communities was brought                         (2) OJ L 344, 28.12.2001, p. 93-94.
before the Court of First Instance of the European Communities
on 19 September 2003 by STICHING AL-AQSA, Heerlen, The
Netherlands, represented by Victor Koppe and Laura Janssen,
lawyers.
The applicant claims that the Court should:
                                                                           Action brought on 26 September 2003 by Xanthippi
—     Partially annul, on the basis of Article 230 of the EC
                                                                               Liakoura against the Council of the European Union
      Treaty, COUNCIL DECISION 2003/480/EC of 27 June
      2003 and/or COUNCIL DECISION 2003/646/EC of
      12 September 2003, implementing Article 2 paragraph 3                                          (Case T-330/03)
      of Regulation (EC) No. 2580/2001 on specific restrictive
      measures directed against certain persons and entities
      with a view to combatting terrorism and more specifi-                                         (2003/C 289/63)
      cally;
                                                                                              (Language of the case: French)
—     Annul article 1, part 2, point 22, that reads: ‘Stichting Al
      Aqsa (alias Stichting Al Aqsa Nederland, alias Al Aqsa
      Nederland)’
—     Declare inapplicable, on the basis of Article 241 of the             An action against the Council of the European Union was
      EC Treaty, Council Regulation (EC) No 2580/2001 of                   brought before the Court of First Instance of the European
      27 December 2001, on specific restrictive measures                   Communities on 26 September 2003 by Xanthippi Liakoura,
      directed against certain persons and entities with a view            residing in Brussels, represented by J.A. Martin, avocat.
      to combatting terrorism.
—     Require the defendants to bear the costs of suit.                    The applicant claims that the Court should:
                                                                           —     annul the Council’s decision dated 18 June 2003 and
                                                                                 received on 23 June 2003 not to promote the applicant
Pleas in law and main arguments                                                  to Grade C 1 in the 2002 promotion procedure;
                                                                           —     order the Council to pay the applicant the sum of
By the contested decisions the applicant was included in the                     EUR 30 000;
list of persons whose assets were frozen in application of
Council Regulation (EC) No 2580/2001 of 27 December 2001                   —     order the Council to pay the costs.
on specific restrictive measures directed against certain persons
and entities with a view to combatting terrorism (1). In support
of its application the applicant invokes first of all alleged
violations of essential procedural requirements, more specifi-
cally an alleged failure to state any reasons in the contested             Pleas in law and main arguments
decisions and an alleged violation of its right to be heard prior
to the adoption of the contested decision. The applicant further
submits that regulation 2580/2001, as well as Common                       The applicant in this case challenges the Appointing Auth-
Position 2001/931/CFSP (2), to which article 2 paragraph 3 of              ority’s refusal to promote her to Grade C 1 in the 2002
regulation 2580/2001 refers, were infringed by the contested               promotion procedure.