Judgments (Information) nº T-47/03 of Court of First Instance of the European Communities, July 11, 2007
Resolution Date | July 11, 2007 |
Issuing Organization | Court of First Instance of the European Communities |
Decision Number | T-47/03 |
Judgment of the Court of First Instance (Second Chamber) of 11 July 2007 – Sison v Council
Common foreign and security policy – Restrictive measures against certain persons and entities with a view to combating terrorism – Freezing of funds – Competence of the Community – Action for annulment – Rights of the defence – Statement of reasons – Right to effective judicial protection – Action for damages
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Procedure – Decision replacing the contested decision during the proceedings (see paras 37-40)
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Acts of the institutions – Choice of legal basis – Regulation imposing sanctions on certain persons and entities in no way connected with a third State (Arts 60 EC, 301 EC and 308 EC; Council Regulation No 2580/2001) (see paras 98-102)
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Community law – Principles – Rights of the defence – Decision to freeze funds directed against certain persons and entities suspected of terrorist activities (Art. 249 EC; Council Regulation No 2580/2001, Art. 2(3); Council Decision 2006/379) (see paras 143-146)
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Community law – Principles – Rights of the defence – Resolution of the United Nations Security Council requiring restrictive measures to be taken against unspecified persons and entities suspected of terrorist activities – Implementation by the Community in the exercise of own powers (Arts 60 EC, 301 EC and 308 EC; Council Regulation No 2580/2001) (see paras 149-155)
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Community law – Principles – Right to effective judicial protection (see paras 157-158)
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Community law – Principles – Rights of the defence – Decision to freeze funds directed against certain persons and entities suspected of terrorist activities (Council Regulation No 2580/2001, Art. 2(3); Common Position of the Council 2001/931, Art. 1(4) and (6)) (see paras 161-169)
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European Union – Common foreign and security policy – Police and judicial cooperation in criminal matters – Obligation of sincere cooperation between the Member States and the Community institutions (Art. 10 EC; Council Regulation No 2580/2001, Art. 2(3); Common Position of the Council 2001/931, Art. 1(4)) (see paras 170-172)
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Community law – Principles – Rights of the defence – Decision to freeze funds directed against certain persons and entities suspected of terrorist activities (Common Position of the Council 2001/931, Art. 1(4) and (6)) (see paras 173-184)
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Acts of the institutions – Statement of reasons – Obligation – Scope (Art. 253 EC; Council Regulation No 2580/2001; Common Position...
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