28.8.2010 |
EN |
Official Journal of the European Union |
C 234/15 |
Judgment of the Court (Grand Chamber) of 29 June 2010 (reference for a preliminary ruling from the Oberlandesgericht Düsseldorf (Germany)) — Criminal proceedings against E, F
(Case C-550/09) (1)
(Common foreign and security policy - Specific restrictive measures directed against certain persons and entities with a view to combating terrorism - Common Position 2001/931/CFSP - Regulation (EC) No 2580/2001 - Articles 2 and 3 - Inclusion of an organisation on the list of persons, groups and entities implicated in acts of terrorism - Transfer to an organisation, by members of that organisation, of funds originating from the collection of donations and the sale of publications)
2010/C 234/22
Language of the case: German
Referring court
Oberlandesgericht Düsseldorf
Parties in the main proceedings
E, F
Re:
Reference for a preliminary ruling — Oberlandesgericht Düsseldorf — Interpretation of Articles 2 and 3 of 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 (OJ 2001 L 344, p. 70) — Challenge, before the national court, to the validity of a Council decision including an organisation on the list provided for in Article 2(3) of that regulation, where the decision has not been contested by the organisation in question — Scope of the regulation’s provisions prohibiting economic resources from being made available to an organisation included on the list — Transfer of economic resources within the organisation by persons forming part of it
Operative part of the judgment
1. |
In respect of the period prior to 29 June 2007, the inclusion of Devrimci Halk Kurtulus Partisi-Cephesi (DHKP-C) on the list provided for in Article 2(3) of 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 is illegal and, accordingly, can form no part of the basis for a criminal conviction linked to an alleged infringement of that regulation. |
2. |
Article 2(1)(b) of Regulation No 2580/2001 must be interpreted as covering the transfer to a legal person, group or entity on the list provided for in Article 2(3) of that regulation, by a member of that legal person, group or entity, of funds and other financial assets or economic resources collected or obtained from third persons. |