CELEX: C2002/247/32
Language: en
Date: 2002-10-12 00:00:00
Title: Case T-230/02: Action brought on 2 August 2002 by X against Commission of the European Communities

C 247/20               EN                      Official Journal of the European Communities                                    12.10.2002
Action brought on 26 July 2002 by the Organisation des                    In support of its claims, the applicant pleads:
Modjahedines du Peuple d’Iran (OMPI) against the Council
                     of the European Union
                                                                          —    Breach of its rights of defence in that it was not given the
                                                                               opportunity to be heard before being included in the
                         (Case T-228/02)                                       contested lists.
                         (2002/C 247/31)                                  —    In the alternative, failure to have regard to the right to
                                                                               revolt against tyranny and oppression as a superior rule
                                                                               of law. It observes in this regard that it is conducting
                   (Language of the case: French)                              legitimate resistance against the Iranian regime, while
                                                                               complying with the fundamental principles of democracy
                                                                               and of respect for human rights. Its resistance is, more-
                                                                               over, supported by the international community.
An action against the Council of the European Union was
brought before the Court of First Instance of the European                —    In the further alternative, breach of the principle of non-
Communities on 26 July 2002 by the Organisation des                            discrimination, both in relation to the organisations
Modjahedines du Peuple d’Iran (People’s Mujahidin of Iran)                     which are included in the list and in relation to those that
(OMPI) established in Auvers sur Oise (France), represented by                 are not, for example Al-Qaida. It points out in this regard
Jean-Pierre Spitzer, Lawyer.                                                   that, unlike almost all the organisations included in the
                                                                               list, it is not opposing a democratic regime, that it has
                                                                               never undertaken actions against civilians and that it is
The applicant claims that the Court should:                                    the only resistance movement which is acting within
                                                                               Iran’s borders and defending peace in the region.
—     partially annul Council Decision 2002/460/EC of 17 June
      2002 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 2002/334/
      EC;
—     partially annul Common Position 2002/462/CFSP of
      17 June 2002 updating Common Position 2001/931/
      CFSP on the application of specific measures to combat              Action brought on 2 August 2002 by X against Com-
      terrorism and repealing Common Position 2002/340/                               mission of the European Communities
      CFSP;
—     partially annul Common Position 2002/340/CFSP of                                            (Case T-230/02)
      2 May 2002 updating Common Position 2001/931/CFSP
      on the application of specific measures to combat
      terrorism, revising the list of persons covered;                                            (2002/C 247/32)
—     declare all those legislative texts inapplicable to the
      applicant;                                                                             (Language of the case: French)
—     order the Council of the European Union to pay OMPI
      the sum of EUR 1 for harm suffered;
—     order the Council of the European Union to pay all the              An action against the Commission of the European Communi-
      costs.                                                              ties was brought before the Court of First Instance of the
                                                                          European Communities on 2 August 2002 by X, represented
                                                                          by Gilles Bounéou, lawyer.
Pleas in law and main arguments
                                                                          The applicant claims that the Court should:
The applicant organisation seeks annulment of the legislative             —    order the defendant to pay EUR 75 000 by way of
texts which are the subject-matter of the present action in so                 compensation or any other amount to be determined ex
far as they expressly refer to it. The applicant states in this                aequo et bono by the Court;
regard that inclusion in the contested lists is a penalty which
causes it considerable harm, if only because it is equiparated
with terrorist organisations denounced by it.                             —    order the defendant to pay the costs.
 ---pagebreak--- 12.10.2002             EN                      Official Journal of the European Communities                                     C 247/21
Pleas in law and main arguments                                           Action brought on 8 August 2002 by Commonfood
                                                                          Handelsgesellschaft für Agrar-Produkte mbH against the
                                                                                   Commission of the European Communities
The applicant, a former Commission official, claims that he
was the victim of harassment by the Commission. He alleges,
in that respect, wilful failure to implement a judgment of the                                     (Case T-239/02)
Court of First Instance (1), breach of the obligation to provide
reasons, breach of the principle of equal treatment and of non-
discrimination and breach by the Commission of its duty to                                         (2002/C 247/34)
have regard for the welfare of officials.
                                                                                              (Language of the case: German)
( 1) Case T-214/00 X v Commission [2001] ECR FP-IA-143 ; FP-II-
     663.
                                                                          An action against the Commission of the European Communi-
                                                                          ties was brought before the Court of First Instance of the
                                                                          European Communities on 8 August 2002 by Commonfood
                                                                          Handelsgesellschaft für Agrar-Produkte mbH, of Langen (Ger-
Action brought on 2 August 2002 by Christos Michael                       many), represented by K. Landry and L. Harings, lawyers.
   against the Commission of the European Communities
                         (Case T-234/02)                                  The applicant claims that the Court should:
                         (2002/C 247/33)                                  —     annul the Commission’s decision No REC 4/01 of 5 March
                                                                                2002;
                    (Language of the case: Greek)
                                                                          —     order the defendant to reimburse to the applicant the
                                                                                costs necessarily incurred in the proceedings.
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 2 August 2002 by Christos
Michael, resident in Brussels, represented by K. Tagaras,                 Pleas in law and main arguments
Lawyer.
                                                                          On the basis of oral information provided by the competent
The applicant claims that the Court should:                               customs authority, to the effect that production of import
                                                                          certificates for the importation of chickens in the context of
—      allow the application;                                             two specific quotas was not necessary, the applicant on 24 July
                                                                          1995 submitted a declaration in respect of the import in
—      annul the contested measures;                                      several consignments of frozen chicken pieces originating in
                                                                          Thailand under CN Code No 0207 41 10. — The competent
—      order the defendant to pay the costs.                              principal customs office initially granted relief from import
                                                                          duties, but subsequently charged the applicant import duties
                                                                          amounting to EUR 113 566,14. The applicant raised an
                                                                          objection to that decision and the national authorities referred
Pleas in law and main arguments                                           the matter to the Commission for a decision. By the contested
                                                                          decision, the Commission found that the import duties were
                                                                          to be entered in the accounts after the event.
This is an action challenging the decision concerning the
appointment of officials to the posts of Deputy Head of Unit
DG FC.A.1 and Head of the Sector ‘Politiques internes et
Agences’ in that unit.                                                    The pleas in law and arguments correspond to those advanced
                                                                          in Case T-309/01 Peter Biegi Nahrungsmittel GmbH v Com-
                                                                          mission (1).
The applicant pleads infringement of Articles 5, 25, 43 and 45
of the Staff Regulations and of the principle of equal treatment.
He also claims that there was a manifest error of assessment              (1 ) OJ C 56 of 2.3.2002, p. 14.
and misuse of powers in making the contested appointments.