Judgments (Information) nº T-49/04 of Court of First Instance of the European Communities, July 12, 2006

• Resolution Date: July 12, 2006
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: T-49/04

Judgment of the Court of First Instance (Second Chamber) of 12 July 2006 –Hassan v Council and Commission

(Case T-49/04)

Common foreign and security policy – Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – Freezing of funds – Fundamental rights – Jus cogens – Review by the Court – Action for annulment and damages

1. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Art. 230, fourth para., EC; Council Regulation No 881/2002, as amended by Regulation No 2049/2003) (see paras 53-58)

2. Public international law – United Nations Charter – Decisions of the Security Council (see para. 92)

3. European Communities – Judicial review of the legality of the acts of the institutions (Council Regulation No 881/2002) (see para. 92)

4. European Communities – Judicial review of the legality of the acts of the institutions (Council Regulation No 881/2002, as amended by Regulation No 561/2003; Commission Regulation No 2049/2003) (see paras 92, 96, 99)

5. European Communities – Judicial review of the legality of the acts of the institutions (Council Regulation No 881/2002, as amended by Regulation No 2049/2003) (see para. 92)

6. Actions for annulment – Community act implementing resolutions of the United Nations Security Council – Regulation No 881/2002 (Art. 230 EC; Council Regulation No 881/2002) (see para. 92)

7. European Communities – Act implementing resolutions of the United Nations Security Council – Regulation No 881/2002 (Art. 6 EU; Council Regulation No 881/2002) (see paras 115-120, 122)

8. European Communities – Judicial review of the legality of the acts of the institutions – Act implementing resolutions of the United Nations Security Council – Regulations Nos 881/2002 and 2049/2003 (Council Regulation No 881/2002; Commission Regulation No 2049/2003) (see paras 126-128)

9. Procedure – Application initiating proceedings – Formal requirements (Statute of the Court of Justice, Art. 21; Rules of Procedure of the Court of First Instance,...