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Case C-27/09 P: Appeal brought on 21 January 2009 by the French Republic against the judgment delivered on 4 December 2008 by the Court of First Instance (Seventh Chamber) in Case T-284/08 People's Mojahedin Organisation of Iran v Council of the European Union
ECLI:EU:UNKNOWN:62009CN0027
62009CN0027
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Official Journal of the European Union
C 82/14
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(Case C-27/09 P)
(2009/C 82/26)
Language of the case: English
Parties
Appellant: French Republic (represented by: E. Belliard, G. de Bergues, A.-L. During, acting as Agents)
Other parties to the proceedings: People's Mojahedin Organisation of Iran, Council of the European Union, Commission of the European Communities
Form of order sought
—set aside the judgment of the Court of First Instance of the European Communities of 4 December 2008 in Case T-284/08 People's Mojahedin Organisation of Iran v Council;
—itself give final judgment in the case by dismissing the PMOI's action or refer the case back to the Court of First Instance.
Pleas in law and main arguments
The French Government considers that the judgment under appeal should be set aside, first, because the Court of First Instance erred in law by holding that the Council had adopted Decision 2008/583/EC in disregard of the PMOI's rights of defence, without taking account of the specific circumstances of the adoption of that decision; second, because the Court erred in law by considering that the judicial procedure opened in France against alleged members of the PMOI did not constitute a decision meeting the definition in Article 1(4) of Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism; and, finally, because the Court erred in law by holding that the refusal by the Council to communicate point 3 a) of one of the three documents supplied by the French authorities to the Council in support of their request for the inclusion of the PMOI in the list established by Decision 2008/583/EC, and sent to the Court by the Council in response to the Court Order of 26 September 2008 on measures of inquiry, did not enable the Court to review the lawfulness of Decision 2008/583/EC and infringed the right to effective judicial protection.
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Council Decision of 15 July 2008 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 2007/868/EC (OJ 2008 L 188, p. 21).
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