CELEX: C2006/331/63
Language: en
Date: 2006-12-30 00:00:00
Title: Case T-228/02: Judgment of the Court of First Instance of 12 December 2006 — Organisation des Modjahedines du peuple d'Iran v Council (Common foreign and security policy — Restrictive measures directed against certain persons and entities with a view to combating terrorism — Freezing of funds — Actions for annulment — Rights of the defence — Statement of reasons — Right to effective judicial protection — Action for damages)

30.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 331/28
            
         Judgment of the Court of First Instance of 12 December 2006 — Organisation des Modjahedines du peuple d'Iran v Council
   (Case T-228/02) (1)
   
   (Common foreign and security policy - Restrictive measures directed against certain persons and entities with a view to combating terrorism - Freezing of funds - Actions for annulment - Rights of the defence - Statement of reasons - Right to effective judicial protection - Action for damages)
   (2006/C 331/63)
   Language of the case: French
   Parties
   
      Applicant: Organisation des Modjahedines du peuple d'Iran (Auvers-sur-Oise, France) (represented by: J.-P. Spitzer, lawyer, D. Vaughan QC, and É. de Boissieu, lawyer)
   
      Defendant: Council of the European Union (represented by M. Vitsentzatos and M. Bishop, Agents)
   Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: initially by J.E. Collins, and subsequently by R. Caudwell and C. Gibbs, Agents, assisted by S. Moore, Barrister)
   Re:
   Annulment of 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 (OJ 2002 L 160, p. 26), of Council Common Position 2002/462/CFSP of 17 June 2002 updating Common Position 2001/931/CFSP on the application of specific measures to combat terrorism and repealing Common Position 2002/340/CFSP (OJ 2002 L 160, p. 32), and of Council Common Position 2002/340/CFSP of 2 May 2002 updating Common Position 2001/931/CFSP on the application of specific measures to combat terrorism (OJ 2002 L 116, p. 75), in so far as the applicant appears in the list of persons, groups and entities to which those provisions apply
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Dismisses the action as in part inadmissible and in part unfounded in so far as it seeks annulment of Common Position 2005/936/CFSP of 21 December 2005 updating Common Position 2001/931/CFSP and repealing Common Position 2005/847/CFSP;
            
         
               2.
            
            
               Annuls, in so far as it concerns the applicant, Council Decision 2005/930/EC of 21 December 2005 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 2005/848/EC;
            
         
               3.
            
            
               Dismisses the claim for damages as inadmissible;
            
         
               4.
            
            
               Orders the Council to bear its own costs and to pay four fifths of the applicant's costs;
            
         
               5.
            
            
               Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.
            
         
      (1)  OJ C 247, 12.10.2002.