C_2006048EN.01001102.xml

25.2.2006

Official Journal of the European Union

C 48/11

Appeal brought on 23 November 2005 by Ahmed Yusuf and Al Barakaat International Foundation against the judgment of the Court of First Instance (Second Chamber (Extended Composition)) of 21 September 2005 in Case T-306/01 Ahmed Yusuf and Al Barakaat International Foundation v the Council of the European Union and Commission of the European Communities

(Case C-415/05 P)

(2006/C 48/23)

Language of the case: Swedish

An appeal against the judgment of the Court of First Instance (Second Chamber (Extended Composition)) of 21 September 2005 in Case T-306/01 Ahmed Yusuf and Al Barakaat International Foundation v the Council of the European Union and Commission of the European Communities was brought before the Court of Justice of the European Communities on 23 November 2005 by Ahmed Yusuf and Al Barakaat International Foundation, Spånga (Sweden), represented by Leif Silbersky and Thomas Olsson, lawyers.

The appellants claim that the Court should:

1.	set aside the judgment of the Court of First Instance of 21 September 2005 in Case T-306/01,

2.	annul Regulation (EC) No 881/2002,

3.	order the Council of the European Union and the Commission of the European Communities to pay the costs of the actions before the Court of First Instance and the Court of Justice.

Pleas in law and main arguments

The applicants submit that the Court of First Instance erred in finding that the Council was competent to adopt Regulation (EC) No 881/2002 on the basis of Articles 60 EC, 301 EC and 308 EC. In addition, they submit as follows:

The Court of First Instance erred in finding that Regulation (EC) No 881/2002 fulfils the requirement under Article 249 EC that it be of general application.

The Court of First Instance wrongly limited its assessment of whether the applicants' fundamental rights had been infringed by Regulation (EC) No 881/2002 merely to considering the question whether the Security Council resolution is compatible with the superior rules of international law falling within the ambit of jus cogens. The Court of First Instance has not assessed whether the regulation was valid in accordance with Community law or whether the Security Council resolution was implemented pursuant to Community law and national laws.

The Court of First Instance erred in finding that neither the applicants' rights of defence nor right to an effective legal remedy were infringed by Regulation (EC) No 881/2002.