Type: Judgment

Authority: European Authorities: Court of first instance of the European Communities

Date: 06/11/2009

Subject: The Court annulled Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban in so far as it concerns Mr Omar Mohammed Othman because it was adopted without any guarantee being given as to the communication of the inculpatory evidence against the applicant or as to his being heard in that connection. The Court therefore concluded that this regulation was adopted according to a procedure in which the applicant’s rights of property and of defence and the principle of effective judicial protection were not observed.

Parties: Omar Mohammed Othman c/ Consiglio dell’Unione europea e Commissione

Classification: Freedoms - Art. 17 Right to property - Justice - Art. 47 Justice: remedy - Justice: effective - Art. 48 Rights of defence

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