Hani El Sayyed Elsebai Yusef

By Commission Regulation (EC) No 1629/2005 of 5 October 2005, the applicant’s name was added to the list in Annex I of Council Regulation (EC) No 881/2002 of 27 May 2002 and his assets and other financial resources were therefore frozen in the European Community.

By letter of 18 March 2010, referring to Kadi I, the applicant called upon the Commission to remove his name from the list at issue and to urgently provide further information concerning the substantive basis for the inclusion of his name in the list at issue.

As the Commission did not reply to the applicant’s letter of 18 March 2010 within the period of two months laid down in Article 265 TFEU, the applicant brought the action pursuant to Article 265 TFEU.

The Court found that the Commission failed to respond effectively or adequately to the applicant’s letter of 18 March 2010, so that the Commission was in the position of having failed to act in that regard on 18 May 2010, following the expiry of the period of two months after having been called upon to act pursuant to that letter.

However, it cannot be excluded that, on the merits of the case, the retention of the applicant’s name on the list at issue may for all that prove to be justified, even in the light of the new evidence which the Commission must take into consideration. The failure to act held to have occurred does not therefore consist, as argued by the applicant, in a failure to revoke Regulation No 1629/2005, but in a more limited failure to observe the principles which apply in the procedure followed in the review of the applicant’s situation which has been requested.