Order of the Court of First Instance (Second Chamber) of 18 November 2005 − Selmani v Council and Commission

(Case T-299/04)

Common foreign and security policy – Common positions from the Council – Specific restrictive measures directed against certain persons and entities with a view to combating terrorism – Action for annulment – Manifest lack of jurisdiction – Time-limits – Admissibility

1. European Union – Common foreign and security policy – Jurisdiction of the Community judicature – Measures adopted under Title V of the Treaty on European Union – Condition – Action based on failure to observe the powers of the Community (Art. 46 EU) (see paras 54-56)

2. Actions for annulment – Jurisdiction of the Community judicature – Action brought against Community acts intended to implement the measures laid down under a common position based on Title V of the Treaty on European Union – Included (Art. 230 EC) (see para. 58)

3. Procedure – Admissibility of actions – Assessment by reference to the situation when the application was lodged – Decision replacing the contested decision adopted while the proceedings are under way – Amendment of the original forms of order sought and pleas in law – No effect as regards the decision as to the admissibility of the action (see paras 68-70)

Re:

Operative part

The Court:

Dismisses the action as manifestly inadmissible;

Orders the applicant to pay the costs.