Hassan (CFI)

Mr Hassan has asked the Court of First Instance to annul the Council regulations which included them in the Community terrorist list. The Court of First Instance concludes that there are no grounds for challenging the assessment that it made in Yusuf (T-306/01) and Kadi (T-315/01) and that the action must therefore be dismissed.

The Court of First Instance confirms that, as it has held in Yusuf and Kadi, the European Community has competence to order the freezing of individuals’ funds in the context of the battle against international terrorism. Such a measure does not infringe the universally recognised fundamental rights of the human person (jus cogens).

In the present case, the Court of First Instance also considers that Mr Hassan must avail himself of the opportunities for judicial remedy offered by domestic law if he means to challenge the alleged failure of the United Kingdom authorities to cooperate in good faith with him.

The decision of the Court of First Instance has been set aside by the Court of Justice in the judgement Hassan and Ayadi (Joined cases C-399/06 P and C-403/06 P), issued on 3 December 2009.