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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.
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.
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. |