Judgment of the Court of First Instance (Second Chamber) of 2 September 2009 – El Morabit v Council

(Joined Cases T-37/07 and T-323/07)

Common Foreign and Security Policy – Restrictive measures with a view to combating terrorism – Freezing of funds – List of persons, groups and entities – Action for annulment

1. Community law – Principles – Fundamental rights – Presumption of innocence – Decision to freeze funds, on a preventive basis, against a person suspected of terrorist activities – Compatibility with that principle – Conditions (Council Common Position 2001/931, Art. 1(4); Council Regulation No 2580/2001, Art. 2(3)) (see paras 40-47)

2. Community law – Principles – Fundamental rights – Restrictions on the exercise of fundamental rights justified in the public interest – Fight against threats to international peace and security (Council Common Position 2001/931, Art. 1(4); Council Regulation No 2580/2001) (see paras 52, 59-63)

Re:

Operative part

The Court:

1.Dismisses the actions;

2.Orders Mr Mohamed El Morabit to bear his own costs and pay those of the Council;

3.Orders the Commission of the European Communities and the Kingdom of the Netherlands to bear their own costs.