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Publishers Abstract:
The Chafiq Ayadi v. Council and Faraj Hassan v. Council and Commission cases are the second string of judgments handed down by the Court of First Instance (CFI) of the European Communities in proceedings whereby individuals targeted by the restrictive measures imposed by the European Union against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and Afghan faction known as the Taliban have challenged those measures before the Community courts. The Court considered the two main claims for annulment of Regulation 881/2002 and Commission Regulation 2049/2003 to be admissible. The CFI pointed out that Regulation 881/2002 only concerned the applicant as from the day on which the applicant's name had been added to the list in the annex thereto by virtue of the entry into force of Commission Regulation 2049/2003. The CFI held, in general terms, that the principle of subsidiarity cannot be relied on in the sphere of application of Articles 60 and 301 EC.
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