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Document 62007TJ0037

Judgment of the Court of First Instance (Second Chamber) of 2 September 2009.
Mohamed El Morabit v Council of the European Union.
Common Foreign and Security Policy - Restrictive measures with a view to combating terrorism - Freezing of funds - List of persons, groups and entities - Action for annulment.
Joined cases T-37/07 and T-323/07.

European Court Reports 2009 II-00131*

ECLI identifier: ECLI:EU:T:2009:296





Judgment of the Court of First Instance (Second Chamber) of 2 September 2009 – El Morabit v Council

(Joined Cases T-37/07 and T-323/07)

Common Foreign and Security Policy – Restrictive measures with a view to combating terrorism – Freezing of funds – List of persons, groups and entities – Action for annulment

1.                     Community law – Principles – Fundamental rights – Presumption of innocence – Decision to freeze funds, on a preventive basis, against a person suspected of terrorist activities – Compatibility with that principle – Conditions (Council Common Position 2001/931, Art. 1(4); Council Regulation No 2580/2001, Art. 2(3)) (see paras 40-47)

2.                     Community law – Principles – Fundamental rights – Restrictions on the exercise of fundamental rights justified in the public interest – Fight against threats to international peace and security (Council Common Position 2001/931, Art. 1(4); Council Regulation No 2580/2001) (see paras 52, 59-63)

Re:

APPLICATION for the annulment, in part, of, first, 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) and, second, Council Decision 2006/1008/EC of 21 December 2006 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 (OJ 2006 L 379, p. 123), in so far as the name of the applicant appears on the lists of persons, groups and entities to which those provisions apply.

Operative part

The Court:

1.

Dismisses the actions;

2.

Orders Mr Mohamed El Morabit to bear his own costs and pay those of the Council;

3.

Orders the Commission of the European Communities and the Kingdom of the Netherlands to bear their own costs.

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