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Joined Cases T-37/07 and T-323/07: Judgment of the Court of First Instance of 2 September 2009 — El Morabit v Council (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)

ECLI:EU:UNKNOWN:62007TA0037

62007TA0037

January 1, 2007
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24.10.2009

Official Journal of the European Union

C 256/23

(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)

2009/C 256/42

Language of the case: Dutch

Parties

Applicant: Mohamed El Morabit (Amsterdam, Netherlands) (represented by: U. Sarikaya, lawyer)

Defendant: Council of the European Union (represented by: E. Finnegan, G. Van Hegelsom and B. Driessen, Agents)

Interveners in support of the defendant: Kingdom of the Netherlands (represented by: C. Wissels and M. De Mol, and, in Case T-37/07, M. de Grave and, in Case T-323/07, Y. de Vries and M. Noort, Agents); and Commission of the European Communities (represented: in Case T-37/07 by S. Boelaert and J. Aquilina, and in Case T-323/07 by P. van Nuffel and S. Boelaert, Agents)

Re:

Action 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 of the judgment

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.

(1) OJ C 82, 14. 4. 2007.

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