CELEX: C2002/247/31
Language: en
Date: 2002-10-12 00:00:00
Title: Case T-228/02: Action brought on 26 July 2002 by the Organisation des Modjahedines du Peuple d'Iran (OMPI) against the Council of the European Union

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.