CELEX: 62007TA0348
Language: en
Date: 2010-09-09 00:00:00
Title: Case T-348/07: Judgment of the General Court of 9 September 2010 — Al-Aqsa v Council (Common foreign and security policy — Restrictive measures against certain persons and entities with a view to combating terrorism — Freezing of funds — Common Position 2001/931/CFSP and Regulation (EC) No 2580/2001 — Action for annulment — Adaptation of heads of claim — Judicial review — Conditions for implementation of a European Union measure freezing funds)

23.10.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 288/32
            
         
      Judgment of the General Court of 9 September 2010 — Al-Aqsa v Council
      (Case T-348/07) (1)
      
      (Common foreign and security policy - Restrictive measures against certain persons and entities with a view to combating terrorism - Freezing of funds - Common Position 2001/931/CFSP and Regulation (EC) No 2580/2001 - Action for annulment - Adaptation of heads of claim - Judicial review - Conditions for implementation of a European Union measure freezing funds)
      (2010/C 288/61)
      Language of the case: Dutch
      
         Parties
      
      
         Applicant: Stichting Al-Aqsa (Heerlen (Netherlands) (represented by: J. Pauw, G. Pulles, A.M. van Eik and M. Uiterwaal, lawyers)
      
         Defendant: Council of the European Union (represented by: E. Finnegan, G.-J. Van Hegelsom and B. Driessen, Agents)
      
         Interveners in support of the defendant: Kingdom of the Netherlands (represented by: C.M. Wissels, M. de Mol and Y. de Vries, Agents); and European Commission, (represented by: P. van Nuffel and S. Boelaert, Agents)
      
         Re:
      
      Application, originally, in essence, for annulment of 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), in so far as that act concerns the applicant
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Annuls 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; Council Decision 2007/868/EC of 20 December 2007 implementing Article 2(3) of Regulation No 2580/2001 and repealing Decision 2007/445; Council Decision 2008/583/EC of 15 July 2008 implementing Article 2(3) of Regulation No 2580/2001 and repealing Decision 2007/868; Council Decision 2009/62/EC of 26 January 2009 implementing Article 2(3) of Regulation No 2580/2001 and repealing Decision 2008/583; and Council Regulation (EC) No 501/2009 of 15 June 2009 implementing Article 2(3) of Regulation No 2580/2001 and repealing Decision 2009/62, in so far as those acts concern Stitching Al-Aqsa;
               
            
                  2.
               
               
                  Dismisses the application as to the remainder;
               
            
                  3.
               
               
                  Orders the Council of the European Union to bear, in addition to its own costs, the costs of Stichting Al-Aqsa;
               
            
                  4.
               
               
                  Orders the Kingdom of the Netherlands and the European Commission to bear their own costs.
               
            
         (1)  OJ C 269, 10.11.2007.