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Othman v. European Council and Another (United Kingdom intervening)

Court of First Instance of the European Communities see also General Court of the European Union.  11 June 2009 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Economics, trade and finance — Economic sanctions — Freezing of funds pursuant to United Nations Security Council Resolutions — Implementation within European Community — Council Regulation (EC) No 881/2002 — Applicant seeking annulment of contested regulation in so far as it concerned him — Whether annulment with immediate effect capable of seriously and irreversibly prejudicing effectiveness of restrictive measures imposed by regulation

International organizations — United Nations — Security Council Resolutions — Restrictive measures directed against certain individuals and entities to combat terrorism — Freezing of funds — Implementation required by European Community — Council Regulation (EC) No 881/2002 — Applicant listed in Annex I to Regulation as person associated with Usama bin Laden — Applicant seeking annulment of contested regulation in so far as it concerned him — Whether Council Regulation (EC) No 881/2002 breaching applicant’s fundamental human rights

Human rights — Due process — Right to be heard — Right to effective legal remedy — Right to property — Impact of restrictive measures on rights and freedoms of applicant — Whether contested regulation adopted according to procedure where applicant’s rights infringed — Extent, effects and justification, if any, of restriction of use of right to property — Applicant seeking annulment of contested regulation

Terrorism — Suppression of international terrorism — Maintenance of international peace and security — Security Council adopting Resolutions under Chapter VII of United Nations Charter — Implementation of Security Council Resolution within European Community — Council Common Position reflecting UN Security Council Resolutions — EC Community adopting EC Regulations to give effect to Council Common Position — The law of the European Community

Type
Case Report
Copyright
© Cambridge University Press 2012

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