EN

Official Journal of the European Union

C 153/39

(Case T-45/09)

2009/C 153/77

Language of the case: Swedish

Parties

Applicant: Al Barakaat International Foundation (Spånga, Sweden) (represented by: L. Silbersky and T. Olsson, lawyers)

Defendant: Commission of the European Communities

Form of order sought

—Annul Commission Regulation (EC) No 1190/2008 in so far as it concerns the Al Barakaat International Foundation;

—order the Commission to pay the costs of the proceedings in an amount to be indicated later.

Pleas in law and main arguments

The applicant seeks the annulment of Commission Regulation (EC) No 1190/2008 of 28 November 2008 amending for the 101st time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, by virtue of which the applicant is to be placed on the list of persons and entities whose funds and economic resources are frozen in accordance with Regulation No 881/2002. Regulation No 1190/2008 was adopted after the Court of Justice delivered its judgment of 3 September 2008 in Joined Cases C-402/05 P and C-415/05 P Kadi and Al Barakaat International Foundation v Council and Commission [2008] ECR I-0000, which annulled the previous list that included the applicant’s name.

In support of its action the applicant relies on the following pleas in law:

The Commission exceeded its powers, since the duty to amend defects in the administrative procedure does not give the Commission power to amend or supplement the list.

Infringement of the duty to state reasons, the principle of solicitude, the rights of the defence and the right to effective legal remedies, since the reasoning as to why the applicant should remain on the list failed to include precise information regarding the alleged collaboration between the applicant on the one hand and Al-Qaida, Usama Bin Ladin and the Taliban on the other.

Infringement of the prohibition of retroactive legislation, since the inclusion of the applicant on the list was based on events which occurred 10 years ago.

Infringement of the principle of proportionality, since the freezing measures laid down in the contested regulation constitute a disproportionate and unacceptable interference which affects the right to respect for a person’s property.

* * *

(1) OJ 2008 L 322, p. 25.

(2) 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).