Source: All England Reporter
Publisher Citation: [2010] All ER (D) 29 (Oct)
Court: General Court of the European Union (Second Chamber)
Judge:

Judges Pelikanova (President), Jurimae and Soldevila Fragoso (Rapporteur)
Judgment Dates: 29 September 2010

Catchwords

European Union - Community foreign and security policy - Combating terrorism - Freezing of funds - Fundamental rights - Restrictive measures directed against certain persons and entities associated with Usama bin Laden, Al-Qaeda network and Taliban - Whether amendment to relevant regulation affecting applicants' right to respect for property, right to be heard and right to effective judicial review - Council Regulation (EC) 881/2002.

The Case

European Union Community foreign and security policy. The General Court of the European Union allowed an application for annulment of art2 of Council Regulation (EC) 881-2002 (imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al Qaeda network and the Taliban and repealing Council Regulation (EC) 467-2001 (prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freezing of funds and other financial resources in respect of the Taliban of Afghanistan)), as amended for the sixty-third time by Commission Regulation (EC) 246-2006, which added the applicants' names to Annex I to Regulation881-2002 on the basis that that provision had infringed the applicants' rights of defence.

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