CELEX: C2007/269/93
Language: en
Date: 2007-11-10 00:00:00
Title: Case T-323/07: Action brought on 30 August 2007 — El Morabit v Council of the European Union

10.11.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 269/52
            
         Action brought on 30 August 2007 — El Morabit v Council of the European Union
   (Case T-323/07)
   (2007/C 269/93)
   Language of the case: Dutch
   Parties
   
      Applicant: Mohamed El Morabit (Amsterdam, Netherlands) (represented by: U. Sarikaya, lawyer)
   
      Defendant: Council of the European Union
   Form of order sought
   
               —
            
            
               Annul the Council's decision of 28 June 2007.
            
         Pleas in law and main arguments
   The applicant contests the decision (1) whereby the Council decided that a decision had been taken with respect to the applicant by a competent authority within the meaning of Article 1(4) of the common position and that the applicant should continue to be subject to the specific restrictive measures provided for in Regulation (EC) No 2580/2001.
   The applicant submits that, although he has been found guilty by a court of participating in a criminal organisation with terrorist aims, he has appealed against that judgment. The Council's decision is also premature and conflicts with Article 6 of the ECHR and Articles 47 and 48 of the Charter of Fundamental Rights of the European Union.
   
      (1)  2007/445/EC: Council Decision of 28 June 2007 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 Decisions 2006/379/EC and 2006/1008/EC (OJ 2007 L 169, p. 58).