CELEX: 62004TO0299
Language: en
Date: 2005-11-18 00:00:00
Title: Order of the Court of First Instance (Second Chamber) of 18 November 2005. # Abdelghani Selmani v Council of the European Union and Commission of the European Communities. # Common foreign and security policy - Council common positions - Specific restrictive measures directed against certain persons and entities with a view to combating terrorism - Action for annulment - Manifest lack of jurisdiction - Time-limits - Admissibility. # Case T-299/04.

Order of the Court of First Instance (Second Chamber) of 18 November 2005 − Selmani v Council and Commission
      (Case T-299/04)
      Common foreign and security policy – Common positions from the Council – Specific restrictive measures directed against certain persons and entities with a view to combating terrorism – Action for annulment – Manifest lack of jurisdiction – Time-limits – Admissibility
      1.                     European Union – Common foreign and security policy – Jurisdiction of the Community judicature – Measures adopted under Title
            V of the Treaty on European Union – Condition – Action based on failure to observe the powers of the Community (Art. 46 EU)
            (see paras 54-56)
      2.                     Actions for annulment – Jurisdiction of the Community judicature – Action brought against Community acts intended to implement
            the measures laid down under a common position based on Title V of the Treaty on European Union – Included (Art. 230 EC) (see
            para. 58)
      3.                     Procedure – Admissibility of actions – Assessment by reference to the situation when the application was lodged – Decision
            replacing the contested decision adopted while the proceedings are under way – Amendment of the original forms of order sought
            and pleas in law – No effect as regards the decision as to the admissibility of the action (see paras 68-70)
      Re:
      
         ACTION for annulment of, first, Article 2 of Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive
                  measures directed against certain persons and entities with a view to combating terrorism (OJ 2001 L 344, p. 70) and, secondly,
                  Article 1 of Council Decision 2004/306/EC of 2 April 2004 implementing Article 2(3) of Regulation No 2580/2001 and repealing
                  Decision 2003/902/EC (OJ 2004 L 99, p. 28) and all decisions adopted by the Council on the basis of Regulation No 2580/2001
                  and having the same effect as Decision 2004/306, in so far as those measures apply to the applicant.
               
            Operative part
      The Court:
      
         
                   
               
               
                  
               
               
                  Dismisses the action as manifestly inadmissible;
               
            
         
                   
               
               
                  
               
               
                  Orders the applicant to pay the costs.