C_2019016EN.01003301.xml

Judgment of the General Court of 15 November 2018 — PKK v Council

(Case T-316/14) (1)

((Common foreign and security policy - Restrictive measures imposed on the PKK with a view to combating terrorism - Freezing of funds - Powers of the Council - Whether an authority of a third State can be classified as a competent authority within the meaning of Common Position 2001/931/CFSP - Factual basis of the decisions to freeze funds - Reference to terrorist acts - Judicial review - Obligation to state reasons - Plea of illegality))

(2019/C 16/42)

Language of the case: English

Parties

Applicant: Kurdistan Workers’ Party (PKK) (represented by: A. van Eik, T. Buruma and M. Wijngaarden, lawyers)

Defendant: Council of the European Union (represented by: initially by F. Naert and G. Étienne, and subsequently by F. Naert and H. Marcos Fraile, acting as Agents)

Interveners in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: initially by C. Brodie and V. Kaye, subsequently by C. Brodie and S. Brandon, subsequently by C. Brodie, C. Crane and R. Fadoju, subsequently by C. Brodie, R. Fadoju and P. Nevill, and then by R. Fadoju, acting as Agents), European Commission (represented by: initially by F. Castillo de la Torre and D. Gauci, subsequently by D. Gauci, J. Norris-Usher and T. Ramopoulos, and then by J. Norris-Usher, T. Ramopoulos and R. Tricot, acting as Agents)

Re:

Application pursuant to Article 263 TFEU seeking, initially, the annulment of Council Implementing Regulation (EU) No 125/2014 of 10 February 2014 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Implementing Regulation (EU) No 714/2013 (OJ 2014 L 40, p. 9), in so far as that act concerns the applicant, and, subsequently, the annulment of other consequential acts, in so far as they concern the applicant.

Operative part of the judgment

The Court:

Annuls Council Implementing Regulation (EU) No 125/2014 of 10 February 2014 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Implementing Regulation (EU) No 714/2013, in so far as it concerns the Kurdistan Workers’ Party (PKK).

Annuls Council Implementing Regulation (EU) No 790/2014 of 22 July 2014 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Implementing Regulation No 125/2014, in so far as it concerns the PKK.

Annuls Council Implementing Regulation (EU) 2015/513 of 26 March 2015 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Implementing Regulation No 790/2014, in so far as it concerns the PKK.

Annuls Council Decision (CFSP) 2015/521 of 26 March 2015, updating and amending the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism and repealing Decision 2014/483/CFSP, in so far as it concerns the PKK.

Annuls Council Implementing Regulation (EU) 2015/1325 of 31 July 2015 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Implementing Regulation 2015/513, in so far as it concerns the PKK.

6.	Annuls Council Decision (CFSP) 2015/1334 of 31 July 2015, updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931 on the application of specific measures to combat terrorism and repealing Decision 2015/521, in so far as it concerns the PKK.

Annuls Council Implementing Regulation (EU) 2015/2425 of 21 December 2015 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Implementing Regulation 2015/1325, in so far as it concerns the PKK.

Annuls Council Implementing Regulation (EU) 2016/1127 of 12 July 2016 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Implementing Regulation 2015/2425, in so far as it concerns the PKK.

Annuls Council Implementing Regulation (EU) 2017/150 of 27 January 2017 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Implementing Regulation No 2016/1127, in so far as it concerns the PKK.

10.

Annuls Council Implementing Regulation (EU) 2017/1420 of 4 August 2017 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Implementing Regulation 2017/150, in so far as it concerns the PKK.

11.

Annuls Council Decision (CFSP) 2017/1426 of 4 August 2017 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism and repealing Decision (CFSP) 2017/154, in so far as it concerns the applicant.

12.	For the remainder, dismisses the request that Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism be declared to be inapplicable to the PKK.

13.	Orders the Council of the European Union to bear its own costs and to pay those incurred by the PKK.

14.	Orders the European Commission and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.

(1) OJ C 245, 28.7.2014.