The General Court rejects the pleas of Mr Fahas alleging infringement of fundamental rights and of the obligation to state reasons.
With regard to the claim alleging infringement of the principle of presumption of innocence, the General Court rules that: "The Council’s decision, which is the result of, inter alia, the decision of a competent national authority, does not constitute a finding that a criminal offence has in fact been committed but is adopted within the framework and for the purpose of an administrative procedure which has a precautionary function and the sole purpose of which is to enable the Council to combat the funding of terrorism in an effective manner" (para. 68).
Case Number T-49/07
Name of the parties Sofiane Fahas v. Council of the European Union
Date of the judgement 2010-12-07
Court General Court
Uploads Fahas - Judgment (General Court)