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Case T-49/07: Judgment of the General Court of 7 December 2010 — Fahas v Council (Common foreign and security policy — Restrictive measures with a view to combating terrorism — Freezing of funds — Action for annulment — Right to a fair hearing — Right to effective judicial protection — Statement of reasons — Action for damages)
ECLI:EU:UNKNOWN:62007TA0049
62007TA0049
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29.1.2011
Official Journal of the European Union
C 30/33
(Case T-49/07) (<span class="super">1</span>)
(Common foreign and security policy - Restrictive measures with a view to combating terrorism - Freezing of funds - Action for annulment - Right to a fair hearing - Right to effective judicial protection - Statement of reasons - Action for damages)
2011/C 30/58
Language of the case: German
Parties
Applicant: Sofiane Fahas (Mielkendorf, Germany) (represented by: F. Zillmer, lawyer)
Defendant: Council of the European Union (represented initially by: M. Bishop, E. Finnegan and S. Marquardt, and subsequently by M. Bishop, J.-P. Hix and E. Finnegan, Agents)
Intervener in support of the defendant: Italian Republic (represented by: I. Bruni, acting as Agent, and G. Albenzio, avvocato dello Stato)
Re:
Application for annulment in part, most recently, of Council Decision 2008/583/EC 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), in so far it concerns the applicant, and an order that the Council no longer refer to the applicant’s name in its future decisions, in the absence of any final judicial decision, and also a claim for damages.
Operative part of the judgment
The Court:
1.Dismisses the action.
2.Orders Mr Sofiane Fahas, in addition to bearing his own costs, to pay those incurred by the Council of the European Union.
3.Orders the Italian Republic to bear its own costs.
(<span class="super">1</span>) OJ C 95, 28.4.2007.