CELEX: 62007TJ0037
Language: en
Date: 2009-09-02
Title: Judgment of the Court of First Instance (Second Chamber) of 2 September 2009.#Mohamed El Morabit v Council of the European Union.#Common Foreign and Security Policy - Restrictive measures with a view to combating terrorism - Freezing of funds - List of persons, groups and entities - Action for annulment.#Joined cases T-37/07 and T-323/07.

Judgment of the Court of First Instance (Second Chamber) of 2 September 2009 – El Morabit v Council
      (Joined Cases T-37/07 and T-323/07)
      Common Foreign and Security Policy – Restrictive measures with a view to combating terrorism – Freezing of funds – List of persons, groups and entities – Action for annulment
      1.                     Community law – Principles – Fundamental rights – Presumption of innocence – Decision to freeze funds, on a preventive basis,
            against a person suspected of terrorist activities – Compatibility with that principle – Conditions (Council Common Position
            2001/931, Art. 1(4); Council Regulation No 2580/2001, Art. 2(3)) (see paras 40-47)
      2.                     Community law – Principles – Fundamental rights – Restrictions on the exercise of fundamental rights justified in the public
            interest – Fight against threats to international peace and security (Council Common Position 2001/931, Art. 1(4); Council
            Regulation No 2580/2001) (see paras 52, 59-63)
      Re:
      
         APPLICATION for the annulment, in part, of, first, Council Decision 2007/445/EC 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) and, second, Council Decision 2006/1008/EC of 21 December 2006 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 (OJ 2006
                  L 379, p. 123), in so far as the name of the applicant appears on the lists of persons, groups and entities to which those
                  provisions apply.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the actions;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Mr Mohamed El Morabit to bear his own costs and pay those of the Council;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders the Commission of the European Communities and the Kingdom of the Netherlands to bear their own costs.