In the Abdulrahim judgment of 28 May 2013, the European Court of Justice (ECJ) set aside the order of the General Court of the European Union (GC) of 28 February 2012, by which the GC held that there was no longer any need to adjudicate on the action which the applicant had brought, under Ar-ticle 263 TFEU, seeking annulment of Council Regulation No. 881/2002, or of Commission Regula-tion No. 1330/2008 which added his name to the list of persons whose funds and other economic re-sources must be frozen under Regulation No. 881/2002, because during the proceedings his name was removed from that list by Commission Regulation No. 36/2011. The ECJ referred the case back to the GC for it to rule again on the action for annulment. The Abdulrahim judgment stresses the distinction between the repeal of an act of a EU institution and a judgment annulling such an act, as far as the legal effects of these two remedies are concerned. It emphasizes the need to rehabilitate the applicant’s reputation
Rimozione dall'elenco di sospetti terroristi e interesse a proseguire l'azione di annullamento del provvedimento di listing: il caso Abdulrahim davanti alla Corte di giustizia dell'Unione europea
CIMIOTTA, EMANUELE
2014
Abstract
In the Abdulrahim judgment of 28 May 2013, the European Court of Justice (ECJ) set aside the order of the General Court of the European Union (GC) of 28 February 2012, by which the GC held that there was no longer any need to adjudicate on the action which the applicant had brought, under Ar-ticle 263 TFEU, seeking annulment of Council Regulation No. 881/2002, or of Commission Regula-tion No. 1330/2008 which added his name to the list of persons whose funds and other economic re-sources must be frozen under Regulation No. 881/2002, because during the proceedings his name was removed from that list by Commission Regulation No. 36/2011. The ECJ referred the case back to the GC for it to rule again on the action for annulment. The Abdulrahim judgment stresses the distinction between the repeal of an act of a EU institution and a judgment annulling such an act, as far as the legal effects of these two remedies are concerned. It emphasizes the need to rehabilitate the applicant’s reputationI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.