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Case Law T-85/09 (29/09/2010)

Type: Judgment

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

Date: 09/29/2010

Subject: The Court considers that, in light of judgment of the Court of Justice in Kadi, its task is to ensure in this case full and rigorous review of the lawfulness of the new regulation freezing Mr Kadi’s funds. The Court annuls this act because it was adopted in breach of Mr Kadi’s rights of defence and because it constitutes an unjustified restriction of Mr Kadi’s right to property. The Court finds that the right to effective judicial review has also been infringed because Mr Kadi has been unable to defend his rights in satisfactory conditions before the Courts of the European Union.

Parties: Kadi

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

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