Official Journal of the European Union

C 126/16

(Case T-127/09)(1)

(Common foreign and security policy - Restrictive measures directed against persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban - Regulation (EC) No 881/2002 - Removal of the interested party from the list of persons and entities concerned - Action for annulment - No need to adjudicate - Claim for damages - Causal link - None)

2012/C 126/32

Language of the case: English

Parties

Applicant: Abdulbasit Abdulrahim (London, United Kingdom) (represented by: initially J. Jones, Barrister, and M. Arani, Solicitor, and subsequently by E. Grieves, Barrister, and H. Miller, Solicitor)

Defendants: Council of the European Union (represented by: E. Finnegan and R. Szostak, acting as Agents); and European Commission (represented by: E. Paasivirta and G. Valero Jordana, acting as Agents)

Re:

Application for (i) partial annulment of Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan (OJ 2002 L 139, p. 9), as amended by Commission Regulation (EC) No 1330/2008 of 22 December 2008 amending for the 103rd time Regulation No 881/2002 (OJ 2008 L 345, p. 60), or of Regulation No 1330/2008; and (ii) compensation for the damage allegedly caused by those acts.

Operative part of the order

1.There is no longer any need to adjudicate on the application for annulment.

2.The claim for damages is dismissed.

3.The European Commission shall, in addition to bearing its own costs, pay those incurred by Mr Abdulbasit Abdulrahim up to 18 January 2011 in relation to the application for annulment and shall refund to the cashier of the General Court the sums advanced by way of legal aid in that regard.

4.Mr Abdulbasit Abdulrahim shall, in addition to bearing his own costs, pay in their entirety the costs incurred by the Council of the European Union in relation to the application for annulment, together with those incurred by the Commission after 18 January 2011 in that regard, and pay in their entirety the costs incurred by both of those institutions in relation to the claim for damages.

(1)

OJ C 167, 18.7.2009.