CELEX: C2002/068/24
Language: en
Date: 2002-03-16 00:00:00
Title: Case T-318/01: Action brought on 17 December 2001 by Omar Mohamed Othman against the Council of the European Union and the Commission of the European Communities

16.3.2002               EN                      Official Journal of the European Communities                                     C 68/13
Pleas in law and main arguments                                            on 17 December 2001 by Omar Mohamed Othman, represent-
                                                                           ed by Ms Fiona Lindsley of Birnberg Peirce & Partners, London
                                                                           (United Kingdom)
The applicant has since 1993 been the sole owner of Glucona
B.V., a company producing sodium gluconate. Glucona had
previously been a joint venture between the applicant and its              The applicant claims that the Court should:
then partner. Glucona was involved in a cartel concerning the
sale of sodium gluconate. The contested decision orders the                —     Annul Council Regulation 467/2001 and Commission
applicant to pay a fine in that regard.                                          Regulation 2062/2001.
In support of its claim, the applicant pleads, primarily,
failure to comply with essential procedural requirements. In
                                                                           Pleas in law and main arguments
particular, it asserts that its rights of defence have been violated
and that an insufficient statement of reasons was given. Thus,
the applicant was not given an opportunity to comment on                   The applicant in the present case, a citizen of Jordan and
the statements made about the applicant by another party                   lawfully residing in the United Kingdom, challenges Council
involved in the investigation.
                                                                           Regulation (EC) No 467/2001 and Regulation (EC)
                                                                           No 2062/2001 of 19 October 2001, amending, for the third
                                                                           time, Council Regulation (EC) No 467/2001 prohibiting
The applicant further pleads infringement of Article 81(1) EC
                                                                           the export of certain goods and services to Afghanistan,
and Article 15(2) of Regulation No 17/62 (1). According to the
                                                                           strengthening the flight ban and extending the freeze of funds
applicant, the conduct of Glucona during the period from
                                                                           and other financial resources in respect of the Taliban of
1987 and 1993 cannot be attributed to it. During that period
                                                                           Afghanistan and repealing Regulation (EC) No 337/2000 (1).
the applicant’s partner in Glucona was responsible for sales
                                                                           The applicant is named in Regulation (EC) 2062/2001.
policy and the applicant itself had no information whatever in
that regard. It was not until 1993, when the applicant obtained
total control over Glucona, that it was made aware of the
                                                                           According to the applicant, the Council and the Commission
cartel and was thus placed in a position of responsibility
                                                                           have misused their powers conferred by Article 60 and 301
therefor.
                                                                           EC Treaty in adopting the Regulations in question. Further-
                                                                           more, the applicant contends that the Regulations violate his
                                                                           human rights, specifically Articles 3 and 8 of the European
Lastly, the applicant pleads violation of the principle of
                                                                           Convention on Human Rights. Finally, the applicant claims
proportionality, inasmuch as the Commission failed to take
                                                                           that the measures are disproportionate and in violation of the
account of the purely passive role played by the applicant in
                                                                           principle of subsidiarity.
the cartel until 1993.
                                                                           (1) OJ L 277, of 20.10.2001, p. 25.
(1) Regulation No 17: First Regulation implementing Articles 85
    and 86 of the Treaty (OJ, English Special Edition 1959-1962,
    p. 87).
                                                                           Action brought on 20 December 2001 by Roquette
                                                                           Frères S.A. against the Commission of the European
Action brought on 17 December 2001 by Omar Mohamed                                                   Communities
Othman against the Council of the European Union and
       the Commission of the European Communities
                                                                                                   (Case T-322/01)
                          (Case T-318/01)
                                                                                                    (2002/C 68/25)
                           (2002/C 68/24)
                                                                                              (Language of the case: French)
                   (Language of the case: English)
                                                                           An action against the Commission of the European Communi-
                                                                           ties was brought before the Court of First Instance of the
An action against the Council of the European Union and the                European Communities on 20 December 2001 by Roquette
Commission of the European Communities was brought                         Frères S.A., established at Lestrem (France), represented by
before the Court of First Instance of the European Communities             Antoine Choffel and Olivier Prost, lawyers.