Minin v Commission (Common foreign & security policy) [2007] EUECJ T-362/04 (31 January 2007)

Minin v Commission (Common foreign & security policy) [2007] EUECJ T-362/04 (31 January 2007)

The Community had competence to adopt the contested regulations under Articles 60 EC and 301 EC as they sought to interrupt or reduce economic relations with a third country, and the measures had sufficient link with Liberia. The regulations did not breach fundamental rights, subsidiarity, or territoriality, as they implemented binding Security Council resolutions and applied only to assets within the Community.

Citation
[2007] EUECJ T-362/04
Parties
Applicant: Leonid Minin; Defendant: European Commission; Intervener: Council of the European Union; Intervener: United Kingdom of Great Britain and Northern Ireland
Jurisdiction
European Union
Judgment Date
31 January 2007
Procedural Posture
Application for Annulment / Final Judgment
Outcome
Action dismissed
Legal Topics
Implementation of UN Security Council Resolutions, Freezing of Assets, Community Competence, Subsidiarity, Fundamental Rights, Right to Property, Rights of Defence, Territoriality
European Union Law International Law Sanctions Implementation of UN Security Council Resolutions Freezing of Assets Community Competence Subsidiarity Fundamental Rights +3 more

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Parties

Leonid Minin

Applicant

European Commission

Defendant

Council of the European Union

Intervener

United Kingdom of Great Britain and Northern Ireland

Intervener

Procedural Posture

Application for Annulment / Final Judgment

Legal Issues

  1. 1 Whether the Community had competence to adopt regulations implementing UN sanctions directly affecting individuals
  2. 2 Whether the regulations breached fundamental rights including the right to property and rights of defence
  3. 3 Whether the principle of subsidiarity and territoriality were infringed

Ratio Decidendi

The Community had competence to adopt the contested regulations under Articles 60 EC and 301 EC as they sought to interrupt or reduce economic relations with a third country, and the measures had sufficient link with Liberia. The regulations did not breach fundamental rights, subsidiarity, or territoriality, as they implemented binding Security Council resolutions and applied only to assets within the Community.

Court Disposition

Action dismissed

Orders

  • Applicant to bear his own costs and those of the Commission
  • Council and United Kingdom to bear their own costs