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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Minin v Commission (Common foreign & security policy) [2007] EUECJ T-362/04 (31 January 2007) URL: https://www.bailii.org/eu/cases/EUECJ/2007/T36204.html Cite as: [2007] EUECJ T-362/4, [2007] EUECJ T-362/04 |
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(Common foreign and security policy Restrictive measures in respect of Liberia Freezing of funds of persons associated with Charles Taylor Competence of the Community Fundamental rights Action for annulment)
In Case T-362/04,
Leonid Minin, residing in Tel-Aviv (Israel), represented by T. Ballarino and C. Bovio, lawyers,
applicant,
Commission of the European Communities, represented by E. Montaguti, L. Visaggio and C. Brown, acting as Agents,
defendant,
supported by
Council of the European Union, represented initially by S. Marquardt and F. Ruggeri Laderchi, and subsequently by S. Marquardt and A. Vitro, acting as Agents,
and by
United Kingdom of Great Britain and Northern Ireland, represented initially by R. Caudwell, and subsequently by E. Jenkinson, acting as Agents,
interveners,
ACTION principally, originally, for the annulment of Commission Regulation (EC) No 1149/2004 of 22 June 2004 amending Council Regulation (EC) No 872/2004 concerning further restrictive measures in relation to Liberia (OJ 2004 L 222, p. 17), and, subsequently, for the annulment in part of Commission Regulation (EC) No 874/2005 of 9 June 2005 amending Regulation No 872/2004 (OJ 2005 L 146, p. 5),
composed of J. Pirrung, President, N. J. Forwood and S. Papasavvas, Judges,
Registrar: J. Palacio González, Principal Administrator,
having regard to the written procedure and further to the hearing on 13 September 2006,
gives the following
Legal context
'The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.'
'The Union shall define and implement a common foreign and security policy covering all areas of foreign and security policy, the objectives of which shall be:
to safeguard the common values, fundamental interests, independence and integrity of the Union in conformity with the principles of the United Nations Charter;
to strengthen the security of the Union in all ways;
to preserve peace and strengthen international security, in accordance with the principles of the United Nations Charter ...' .
'Where it is provided, in a common position or in a joint action adopted according to the provisions of the Treaty on European Union relating to the common foreign and security policy, for an action by the Community to interrupt or to reduce, in part or completely, economic relations with one or more third countries, the Council shall take the necessary urgent measures. The Council shall act by a qualified majority on a proposal from the Commission.'
'1. If, in the cases envisaged in Article 301, action by the Community is deemed necessary, the Council may, in accordance with the procedure provided for in Article 301, take the necessary urgent measures on the movement of capital and on payments as regards the third countries concerned.
2. Without prejudice to Article 297 and as long as the Council has not taken measures pursuant to paragraph 1, a Member State may, for serious political reasons and on grounds of urgency, take unilateral measures against a third country with regard to capital movements and payments. The Commission and the other Member States shall be informed of such measures by the date of their entry into force at the latest.
...'
Background to the dispute
'1. All funds and economic resources owned, or controlled, directly or indirectly, by former Liberian President Charles Taylor, Jewell Howard Taylor and Charles Taylor Jr, and by the following persons and entities, as designated by the Sanctions Committee and listed in Annex I, shall be frozen:
(a) other immediate family members of former Liberian President Charles Taylor;
(b) senior officials of the former Taylor regime, and other close allies and associates;
(c) legal persons, bodies or entities owned or controlled, directly or indirectly by the persons referred to above;
(d) any natural or legal person acting on behalf or at the direction of the persons referred to above.
2. No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of the natural or legal persons, entities or bodies listed in Annex I.
3. The participation, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to circumvent the measures referred to in paragraphs 1 and 2 shall be prohibited.'
'1. By way of derogation from Article 2, the competent authorities of the Member States, as listed in Annex II, may authorise the release of certain frozen funds or economic resources or the making available of certain frozen funds or economic resources, if the competent authority has determined that the funds or economic resources concerned are:
(a) necessary for basic expenses, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;
(b) intended exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services;
(c) intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources,
provided it has notified the intention to authorise access to such funds and economic resources to the Sanctions Committee and has not received a negative decision by the Sanctions Committee within two working days of such notification.
2. By way of derogation from Article 2, the competent authorities of the Member States, as listed in Annex II, may authorise the release of certain frozen funds or economic resources or the making available of certain frozen funds or economic resources, if the competent authority has determined that the funds or economic resources are necessary for extraordinary expenses, and provided that competent authority has notified that determination to the Sanctions Committee and that the determination has been approved by that Committee.'
'(a) without prejudice to available procedures, a petitioner (individual(s), and/or entities on the 1521 [Sanctions] Committee's assets freeze list) may petition the government of residence and/or citizenship to request review of the case. In this regard, the petitioner should provide justification for the de-listing request, offer relevant information and request support for de-listing;
(b) the government to which a petition is submitted (the petitioned government) should review all relevant information and then approach bilaterally the government(s) originally proposing designation (the designating government(s)) to seek additional information and to hold consultations on the de-listing request;
(c) the original designating government(s) may also request additional information from the petitioner's country of citizenship or residency. The petitioned and the designating government(s) may, as appropriate, consult with the Chairman of the [Sanctions] Committee during the course of any such bilateral consultations;
(d) if, after reviewing any additional information, the petitioned government wishes to pursue a de-listing request, it should seek to persuade the designating government(s) to submit jointly or separately a request for de-listing to the [Sanctions] Committee. The petitioned government may, without an accompanying request from the original designating government(s), submit a request for de-listing to the [Sanctions] Committee, pursuant to the no-objection procedure described in section 3(b) and 3(c) above;
(e) the Chairman will send an interim response to any delisting request that is not considered within the standard two-day consideration period or a reasonable extension thereof.'
'Leonid Minin (alias (a) Blavstein, (b) Blyuvshtein, (c) Blyafshtein, (d) Bluvshtein, (e) Blyufshtein, (f) Vladimir Abramovich Kerler, (g) Vladimir Abramovich Popiloveski, (h) Vladimir Abramovich Popela, (i) Vladimir Abramovich Popelo, (j) Wulf Breslan, (k) Igor Osols). Date of birth: (a) 14 December 1947, (b) 18 October 1946, (c) unknown[)]. Nationality: Ukrainian. German Passports (name: Minin): (a) 5280007248D, (b) 18106739D. Israeli Passports: (a) 6019832 (6/11/94-5/11/99), (b) 9001689 (23/1/97-22/1/02), (c) 90109052 (26/11/97). Russian Passport: KI0861177; Bolivian Passport: 65118; Greek Passport: no details. Owner of Exotic Tropical Timber Enterprises.'
'Leonid Yukhimovich Minin (alias (a) Blavstein, (b) Blyuvshtein, (c) Blyafshtein, (d) Bluvshtein, (e) Blyufshtein, (f) Vladamir Abramovich Kerler (g) Vladimir Abramovich Kerler, (h) Vladimir Abramovich Popilo-Veski, (i) Vladimir Abramovich Popiloveski, (j) Vladimir Abramovich Popela, (k) Vladimir Abramovich Popelo, (l) Wulf Breslan, (m) Igor Osols). Date[s] of birth: (a) 14.12.1947, (b) 18.10.1946. Place of birth: Odessa, USSR (now Ukraine). Nationality: Israeli. Forged German passports (name: Minin): (a) 5280007248D, (b) 18106739D. Israeli passports: (a) 6019832 (valid 6.11.1994 to 5.11.1999), (b) 9001689 (valid 23.1.1997 to 22.1.2002), (c) 90109052 (issued on 26.11.1997). Russian passport: KI0861177; Bolivian passport: 65118; Greek passport: no details. Other information: owner of Exotic Tropical Timber Enterprises.'
Procedure
Forms of order sought by the parties
annul paragraph 13 of the Annex to Regulation No 1149/2004;
annul that regulation in its entirety;
declare that Regulations Nos 872/2004 and 1149/2004 are inapplicable under Article 241 EC.
dismiss the action as in part inadmissible and in part unfounded;
reject as inadmissible or unfounded the new pleas in law put forward in the reply;
order the applicant to pay the costs.
annul paragraph 14 of the Annex to the contested regulation;
annul Regulation No 872/2004, as amended by the contested regulation, in so far as it provides, at Article 2, for the freezing of the applicant's funds and economic resources.
The admissibility and the subject-matter of the action
Substance
1. Factual claims of the parties
2. Law
First plea: the Commission lacks competence to adopt the contested regulations
The first part of the plea
Arguments of the parties
Findings of the Court
The second part of the plea
Arguments of the parties
Findings of the Court
Second plea: breach of fundamental rights
The first and second parts of the plea
Arguments of the parties
Findings of the Court
The third part of the plea
Arguments of the parties
Findings of the Court
Costs
On those grounds,
hereby
1. Dismisses the action;
2. Orders the applicant to bear, in addition to his own costs, those of the Commission;
3. Orders the Council and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.
Pirrung |
Forwood |
Papasavvas |
Delivered in open court in Luxembourg on 31 January 2007.
E. Coulon |
J. Pirrung |
Registrar |
President |
* Language of the case: Italian.