2.12.2006   

EN

Official Journal of the European Union

C 294/32

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the decision of the Court of First Instance is set aside, in whole;

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it is declared that Articles 2 and 4 and Annex 1 of Council Regulation (EC) No 881/2002 (1) are invalid insofar as they are of direct and individual concern to the Appellant;

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the Council pay the Appellant's costs of this appeal and of the proceedings before the Court of First Instance.

a)

failing to hold that Article 308 EC, in conjunction with Articles 60 EC and 301 EC, did not confer power on the Council to make the impugned provisions;

b)

failing to hold that the making of the impugned powers infringed the fundamental principle of subsidiarity and/or Article 5 EC second paragraph;

c)

failing to hold that an essential procedureal requirement has been infringed in the making of the impugned provisions, namely the requirement that the Council state adequate reasons why the measures considered necessary cannot be determined by individual Member States.

d)

holding that decisions of the Security Council of the United Nations ('UNSC') which call upon Member States of the United Nations are binding on the Member States and/or upon the Community;

e)

holding that the Community courts can only annul a Community measure implementing a UNSC decision by reference to the standard of ius cogens and in failing to hold that it can annul such a measure in order to protect human rights recognised in the legal order of the United Nations;

f)

failing to hold that the impugned parts of Regulation 881/2002 infringe the Appellant's human rights.