CELEX: C2002/289/48
Language: en
Date: 2002-11-23 00:00:00
Title: Case T-253/02: Action brought on 22 August 2002 by Chafiq Ayadi against the Council of the European Union and the Commission of the European Communities

23.11.2002            EN                      Official Journal of the European Communities                                       C 289/25
Action brought on 22 August 2002 by Chafiq Ayadi                         Furthermore, Article 2 of the Regulation infringes fundamental
against the Council of the European Union and the                        principles of Community law, in particular the principles of
         Commission of the European Communities                          subsidiarity and proportionality and the respect for human
                                                                         rights.
                        (Case T-253/02)
                                                                         Member States are best placed to establish what measures are
                                                                         proportionate, and the total denial of all income and of all un-
                        (2002/C 289/48)                                  earned assistance to an individual is disproportionate. Article 2
                                                                         infringes human rights as it deprives an individual of access to
                                                                         his property and to the means of existence without providing
                  (Language of the case: English)                        any judicial remedy for that denial.
                                                                         Finally, the applicant submits that an essential procedural
                                                                         requirement has been infringed in the making of Article 2,
An action against the Council of the European Union and the              namely the requirement that the Council and the Commission
Commission of the European Communities was brought                       state adequate reasons why the measures considered necessary
before the Court of First Instance of the European Communities           cannot be determined by individual Member States.
on 22 August 2002 by Chafiq Ayadi Dublin (Ireland), rep-
resented by A. Lyon, Solicitor and S. Cox, Barrister.
                                                                         (1 ) OJ 2002 L 139, p. 9.
The applicant claims that the Court should:
—     annul Article 2 of Council Regulation (EC) No 881/2002
      of 27 May 2002 imposing certain specific restrictive
      measures directed against certain persons and entities
      associated with Usama bin Laden, the Al-Qaida network
      and the Taliban, and repealing Council Regulation (EC)             Action brought on 4 September 2002 by REWE-ZEN-
      No 467/2001 prohibiting the export of certain goods                TRAL AG against the Office for Harmonisation in the
      and services to Afghanistan, strengthening the flight ban                   Internal Market (Trade Marks and Designs)
      and extending the freeze of funds and other financial
      resources in respect of the Taliban of Afghanistan ( 1) and
      so much of Article 4 as relates to Article 2;                                                (Case T-267/02)
—     order the Council to pay the costs.                                                          (2002/C 289/49)
                                                                         (Language of the case: to be determined pursuant to Article 131(2)
                                                                         of the Rules of Procedure — language in which the application was
                                                                                                  submitted: German)
Pleas in law and main arguments
The applicant is named in Annex I to the contested Regulation            An action against the Office for Harmonisation in the Internal
as a person to whom Article 2 applies. Under this provision,             Market (Trade Marks and Designs) was brought before the
the applicant’s bank accounts have been frozen.                          Court of First Instance of the European Communities on
                                                                         4 September 2002 by REWE-ZENTRAL AG, Köln (Germany),
                                                                         represented by H. Eichmann, G. Barth, U. Blumenröder,
The applicant submits that the provisions enabling the Security          Chr. Niklas-Falter, M. Kinkeldey, K Brandt, A. Franke, U. Ste-
Council of the United Nations to call upon its Members to                phani, B. Allekotte, E. Pfrang, K. Lochner and B. Ertle, lawyers,
apply certain measures do not impose upon Members of the                 with an address for service in Luxembourg. Fritidsresor AB,
United Nations a duty to apply those measures. Members are               Stockholm (Sweden) was an additional party to the proceed-
free to choose how to respond to the Security Council’s call.            ings before the Board of Appeal.
                                                                         The applicant claims that the Court should:
The applicant further alleges that the Council was not com-
petent to make Article 2 of the Regulation in that Articles 60
and 301 EC did not confer on the Council the power to do so.             —     annul decision R 0888/2001 of the First Board of Appeal
The Council and the Commission misused their powers in that                    of OHIM of 1 July 2002;
Article 2 of the Regulation does not in fact pursue the
objectives of Articles 60 and 301 EC.                                    —     order the Office to pay the costs.