Judgment of the Court of First Instance (Second Chamber) of 11 July 2007 – Sison v Council

(Case T-47/03)

Common foreign and security policy – Restrictive measures against certain persons and entities with a view to combating terrorism – Freezing of funds – Competence of the Community – Action for annulment – Rights of the defence – Statement of reasons – Right to effective judicial protection – Action for damages

1.                     Procedure – Decision replacing the contested decision during the proceedings (see paras 37-40)

2.                     Acts of the institutions – Choice of legal basis – Regulation imposing sanctions on certain persons and entities in no way connected with a third State (Arts 60 EC, 301 EC and 308 EC; Council Regulation No 2580/2001) (see paras 98-102)

3.                     Community law – Principles – Rights of the defence – Decision to freeze funds directed against certain persons and entities suspected of terrorist activities (Art. 249 EC; Council Regulation No 2580/2001, Art. 2(3); Council Decision 2006/379) (see paras 143-146)

4.                     Community law – Principles – Rights of the defence – Resolution of the United Nations Security Council requiring restrictive measures to be taken against unspecified persons and entities suspected of terrorist activities – Implementation by the Community in the exercise of own powers (Arts 60 EC, 301 EC and 308 EC; Council Regulation No 2580/2001) (see paras 149-155)

5.                     Community law – Principles – Right to effective judicial protection (see paras 157-158)

6.                     Community law – Principles – Rights of the defence – Decision to freeze funds directed against certain persons and entities suspected of terrorist activities (Council Regulation No 2580/2001, Art. 2(3); Common Position of the Council 2001/931, Art. 1(4) and (6)) (see paras 161-169)

7.                     European Union – Common foreign and security policy – Police and judicial cooperation in criminal matters – Obligation of sincere cooperation between the Member States and the Community institutions (Art. 10 EC; Council Regulation No 2580/2001, Art. 2(3); Common Position of the Council 2001/931, Art. 1(4)) (see paras 170-172)

8.                     Community law – Principles – Rights of the defence – Decision to freeze funds directed against certain persons and entities suspected of terrorist activities (Common Position of the Council 2001/931, Art. 1(4) and (6)) (see paras 173-184)

9.                     Acts of the institutions – Statement of reasons – Obligation – Scope (Art. 253 EC; Council Regulation No 2580/2001; Common Position of the Council 2001/931, Art. 1(4) and (6)) (see paras 163, 172-173, 193-198)

10.                     European Communities – Judicial review of the legality of the acts of the institutions (Art. 230, second para., EC; Council Regulation No 2580/2001, Art. 2(3), Common Position of the Council 2001/931, Art. 1(4) and (6)) (see paras 200-202, 206)

11.                     Non-contractual liability – Conditions – Sufficiently serious breach of a rule of law intended to confer rights on individuals (Art. 288, second para., EC) (see paras 232-235)

12.                     Non-contractual liability – Conditions – Unlawfulness (Art. 288, second para., EC) (see paras 237-242)

13.                     Non-contractual liability – Conditions – Actual and certain damage – Burden of proof (see para. 250)

Re:

Operative part

The Court: