You are on page 1of 2

12.11.

2005 EN Official Journal of the European Union C 281/17

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 21 September 467/2001 of 6 March 2001 prohibiting the export of certain
2005 — Yusuf and Al Barakaat International Foundation v goods and services to Afghanistan, strengthening the flight ban
Council and Commission and extending the freeze of funds and other financial resources in
respect of the Taliban of Afghanistan, and repealing Regulation
(Case T-306/01) (1) (EC) No 337/2000 and for annulment of Commission Regu-
lation (EC) No 2199/2001 of 12 November 2001 amending,
(Common foreign and security policy — Restrictive measures for the fourth time, Regulation No 467/2001;
taken against persons and entities associated with Usama bin
Laden, the Al-Qaeda network and the Taliban — Competence 2) Dismisses the action in so far as it is brought against Council
of the Community — Freezing of funds — Fundamental Regulation (EC) No 881/2002 of 27 May 2002 imposing
rights — Jus cogens — Review by the Court — Action for certain specific restrictive measures directed against certain persons
annulment) and entities associated with Usama bin Laden, the Al-Qaeda
network and the Taliban, and repealing Regulation No
(2005/C 281/31) 467/2001;

Language of the case: Swedish


3) Orders the applicants to bear, in addition to their own costs, those
of the Council and those incurred by the Commission until 10
July 2002, including the costs of the interlocutory proceedings;
Parties
4) Orders the United Kingdom of Great Britain and Northern
Applicant(s): Ahmed Ali Yusuf (Spånga, Sweden) and Al Bara- Ireland, and the Commission for the period after 10 July 2002,
kaat International Foundation (represented by: L. Silbersky and to bear their own costs.
T. Olsson, lawyers)

Defendant(s): Council of the European Union (represented by: (1) OJ C 44, 16.2.2002.
M. Vitsentzatos, I. Rådestad, E. Karlsson and M. Bishop,
Agents,)

Intervener(s) in support of the defendant(s): United Kingdom of


Great Britain and Northern Ireland (originally represented by
J. Collins, and then by R. Caudwell, Agents, and by S. Moore,
Barrister)
Judgment of the Court of First Instance of 21 September
2005 — Kadi v Council and Commission
Application
(Case T-315/01) (1)
originally, for annulment of, first, Council Regulation (EC)
No 467/2001 of 6 March 2001 prohibiting the export of
certain goods and services to Afghanistan, strengthening the (Common foreign and security policy — Restrictive measures
flight ban and extending the freeze of funds and other financial taken against persons and entities associated with Usama bin
resources in respect of the Taliban of Afghanistan, and Laden, the Al-Qaeda network and the Taliban — Competence
repealing Regulation (EC) No 337/2000 (OJ 2001 L 67, p. 1) of the Community — Freezing of funds — Fundamental
and, second, Commission Regulation (EC) No 2199/2001 of 12 rights — Jus cogens — Review by the Court — Action for
November 2001 amending, for the fourth time, Regulation No annulment)
467/2001 (OJ 2001 L 295, p. 16) and, subsequently, for an
application for annulment of Council Regulation (EC) No 881/
2002 of 27 May 2002 imposing certain specific restrictive (2005/C 281/32)
measures directed against certain persons and entities asso-
ciated with Usama bin Laden, the Al-Qaeda network and the Language of the case: English
Taliban, and repealing Regulation No 467/2001 (OJ 2002 L
139, p. 9),

Operative part of the judgment Parties

The Court:
Applicant(s): Yassin Abdullah Kadi (Jeddah, Saudi Arabia) (repre-
1) Declares that there is no longer any need to adjudicate on the sented by: D. Pannick QC, P. Saini, Barrister, G. Martin and A.
application for annulment of Council Regulation (EC) No Tudor, Solicitors)
C 281/18 EN Official Journal of the European Union 12.11.2005

Defendant(s): Council of the European Union (represented by: Judgment of the Court of First Instance of 29 September
M. Vitsentzatos and M. Bishop, Agents) and Commission of the 2005 — Napoli Buzzanca v Commission
European Communities (represented by: A. Van Solinge and
C. Brown, Agents)
(Case T-218/02) (1)
Intervener(s) in support of the defendant(s): United Kingdom of
Great Britain and Northern Ireland (originally represented by (Officials — Post of director — Procedure to fill vacant posts
J.E. Collins, and subsequently by R. Caudwell, Agents, and — Decision rejecting a candidature — Statement of reasons)
S. Moore, Barrister)

(2005/C 281/33)

Application
Language of the case: French
originally, for annulment of, first, Council Regulation (EC) No
467/2001 of 6 March 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, and repealing Regu- Parties
lation (EC) No 337/2000 (OJ 2001 L 67, p. 1) and, second,
Commission Regulation (EC) No 2062/2001 of 19 October
2001 amending, for the third time, Regulation No 467/2001 Applicant(s): Daniela Napoli Buzzanca (Brussels, Belgium)
(OJ 2001 L 277, p. 25) and, subsequently, for annulment of (represented by: G. Vandersanden and L. Levi, lawyers)
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, Defendant(s): Commission of the European Communities (repre-
the Al-Qaeda network and the Taliban, and repealing Regu- sented by: J. Currall and V. Joris, Agents)
lation No 467/2001 (OJ 2002 L 139, p. 9), in so far as those
acts concern the applicant,

Application for
Operative part of the judgment
firstly, annulment of the decisions of the Commission of 30
The Court: January 2002 appointing Ms S. as director, in grade A2, of
Directorate ‘Multilateral relations and human rights’ of the
1) Declares that there is no need to adjudicate on the application for ‘External Relations’ Directorate-General and rejecting the appli-
annulment in part of Council Regulation (EC) No 467/2001 of cant's candidature for that post, and annulment, to the extent
6 March 2001 prohibiting the export of certain goods and necessary, of the implied rejection by the Commission of her
services to Afghanistan, strengthening the flight ban and complaint under Article 90(2) of the Staff Regulations,
extending the freeze of funds and other financial resources in secondly, an order that the defendant pay damages assessed, as
respect of the Taliban of Afghanistan, and repealing Regulation at the date of the action and subject to possible increase, in the
(EC) No 337/2000 and for annulment of Commission Regu- sum of EUR 23 213,96 and, finally, an order that the Commis-
lation (EC) No 2062/2001 of 19 October 2001 amending, for sion produce her administrative file.
the third time, Regulation No 467/2001;

2) Dismisses the action in so far as it is brought against Council


Regulation (EC) No 881/2002 of 27 May 2002 imposing Operative part of the judgment
certain specific restrictive measures directed against certain persons
and entities associated with Usama bin Laden, the Al-Qaeda
network and the Taliban, and repealing Regulation No The Court:
467/2001;
1) Annuls the decisions of the Commission of 30 January 2002
appointing Ms S. to the post concerned by vacancy notice COM/
3) Orders the applicant to bear, in addition to his own costs, those
156/01 and rejecting the applicant's candidature for that post.
of the Council and those incurred by the Commission until 1 July
2002;
2) Dismisses the remainder of the application.
4) Orders the United Kingdom of Great Britain and Northern
Ireland, and the Commission for the period after 1 July 2002, to
bear their own costs. 3) Orders the Commission to pay the costs.

(1) OJ C 56, 2.3.2002. (1) OJ C 247, 12.10.2002.