|
10.3.2007 |
EN |
Official Journal of the European Union |
C 56/5 |
Judgment of the Court (First Chamber) of 18 January 2007 — Osman Ocalan, on behalf of the Kurdistan Workers' Party (PKK), Serif Vanly, on behalf of the Kurdistan National Congress (KNK) v Council of the European Union, United Kingdom of Great Britain and Northern Ireland, Commission of the European Communities
(Case C-229/05 P) (1)
(Appeal - Specific restrictive measures directed against certain persons and entities with a view to combating terrorism - Action for annulment - Admissibility)
(2007/C 56/08)
Language of the case: English
Parties
Appellants: Osman Ocalan, on behalf of the Kurdistan Workers' Party (PKK), Serif Vanly, on behalf of the Kurdistan National Congress (KNK) (represented by: M. Muller QC, E. Grieves and P. Moser, Barristers, J.G. Peirce, Solicitor)
Other parties to the proceedings: Council of the European Union (represented by: E. Finnegan and M. Bishop, acting as Agents), United Kingdom of Great Britain and Northern Ireland (represented by: R. Caudwell, acting as Agent), Commission of the European Communities
Re:
Appeal against the order of the Court of First Instance (Second Chamber) of 15 February 2005 in Case T-229/02 PKK and KNK v Council, by which the Court of First Instance dismissed as inadmissible the action seeking annulment of Council Decision 2002/334/EC of 2 May 2002 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 (OJ 2002 L 116, p. 33) — Capacity and standing to bring proceedings
Operative part of the judgment
The Court:
|
1. |
Sets aside the order of the Court of First Instance of the European Communities of 15 February 2005 in Case T-229/02 PKK and KNK v Council in so far as it dismisses the application of Osman Ocalan on behalf of the Kurdistan Workers' Party (PKK); |
|
2. |
Dismisses the appeal as to the remainder; |
|
3. |
Orders Serif Vanly on behalf of the Kurdistan National Congress (KNK) to pay the costs of the appeal brought by him; |
|
4. |
Dismisses the application of Osman Ocalan on behalf of the PKK as inadmissible in so far as it challenges Council Decision 2002/334/EC of 2 May 2002 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 Decision 2001/927/EC; |
|
5. |
Declares that the application of Osman Ocalan on behalf of the PKK is admissible in so far as it challenges Council Decision 2002/460/EC of 17 June 2002 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 Decision 2002/334/EC, and refers the case back to the Court of First Instance of the European Communities for judgment on the substance; |
|
6. |
Reserves the costs of Osman Ocalan on behalf of the PKK. |