This document is an excerpt from the EUR-Lex website
Document 62014TA0316(01)
Joined Cases T-316/14 RENV and T-148/19: Judgment of the General Court of 30 November 2022 — PKK v Council (Common foreign and security policy — Restrictive measures against the PKK with a view to combating terrorism — Freezing of funds — Common Position 2001/931/CFSP — Applicability to situations of armed conflict — Terrorist group — Factual basis of the fund-freezing decisions — Decision taken by a competent authority — Authority of a third State — Review — Proportionality — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Modification of the application)
Joined Cases T-316/14 RENV and T-148/19: Judgment of the General Court of 30 November 2022 — PKK v Council (Common foreign and security policy — Restrictive measures against the PKK with a view to combating terrorism — Freezing of funds — Common Position 2001/931/CFSP — Applicability to situations of armed conflict — Terrorist group — Factual basis of the fund-freezing decisions — Decision taken by a competent authority — Authority of a third State — Review — Proportionality — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Modification of the application)
Joined Cases T-316/14 RENV and T-148/19: Judgment of the General Court of 30 November 2022 — PKK v Council (Common foreign and security policy — Restrictive measures against the PKK with a view to combating terrorism — Freezing of funds — Common Position 2001/931/CFSP — Applicability to situations of armed conflict — Terrorist group — Factual basis of the fund-freezing decisions — Decision taken by a competent authority — Authority of a third State — Review — Proportionality — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Modification of the application)
OJ C 35, 30.1.2023, p. 41–43
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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30.1.2023 |
EN |
Official Journal of the European Union |
C 35/41 |
Judgment of the General Court of 30 November 2022 — PKK v Council
(Joined Cases T-316/14 RENV and T-148/19) (1)
(Common foreign and security policy - Restrictive measures against the PKK with a view to combating terrorism - Freezing of funds - Common Position 2001/931/CFSP - Applicability to situations of armed conflict - Terrorist group - Factual basis of the fund-freezing decisions - Decision taken by a competent authority - Authority of a third State - Review - Proportionality - Obligation to state reasons - Rights of the defence - Right to effective judicial protection - Modification of the application)
(2023/C 35/48)
Language of the case: English
Parties
Applicant: Kurdistan Workers’ Party (PKK) (represented by: A. van Eik and T. Buruma, lawyers)
Defendant: Council of the European Union (represented by: S. Van Overmeire and B. Driessen, acting as Agents)
Intervener in support of the defendant in Case T-316/14 RENV: European Commission (represented by: T. Ramopoulos, J. Norris, J. Roberti di Sarsina and R. Tricot, acting as Agents)
Interveners in support of the defendant in the appeal proceedings: French Republic (represented by: A.-L. Desjonquères, B. Fodda and J.-L. Carré, acting as Agents), Kingdom of the Netherlands (represented by: M. Bulterman and J. Langer, acting as Agents)
Re:
By its action in Case T-316/14 RENV, which is based on Article 263 TFEU, the applicant seeks the annulment of:
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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); |
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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 (OJ 2014 L 217, p. 1); |
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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 (OJ 2015 L 82, p. 107); |
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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 (OJ 2015 L 82, p. 1); |
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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/CFSP on the application of specific measures to combat terrorism, and repealing Decision 2015/521 (OJ 2015 L 206, p. 61); |
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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 (OJ 2015 L 206, p. 12); |
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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 (OJ 2015 L 334, p. 1); |
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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 (OJ 2016 L 188, p. 1); |
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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 2016/1127 (OJ 2017 L 23, p. 3); |
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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 (OJ 2017 L 204, p. 95); and |
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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 (OJ 2017 L 204, p. 3), in so far as those measures concern the applicant. |
By its action in Case T-148/19, which is also based on Article 263 TFEU, the applicant seeks the annulment of:
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Council Decision (CFSP) 2019/25 of 8 January 2019 amending and 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) 2018/1084 (OJ 2019 L 6, p. 6); |
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Council Decision (CFSP) 2019/1341 of 8 August 2019 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 2019/25 (OJ 2019 L 209, p. 15); |
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Council Implementing Regulation (EU) 2019/1337 of 8 August 2019 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) 2019/24 (OJ 2019 L 209, p. 1); |
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Council Implementing Regulation (EU) 2020/19 of 13 January 2020 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 2019/1337 (OJ 2020 L 8I, p. 1); |
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Council Decision (CFSP) 2020/1132 of 30 July 2020 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) 2020/20 (OJ 2020 L 247, p. 18); and |
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Council Implementing Regulation (EU) 2020/1128 of 30 July 2020 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 2020/19 (OJ 2020 L 247, p. 1), in so far as those measures concern the applicant. |
Operative part of the judgment
The Court:
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1. |
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 and 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 they concern the Kurdistan Workers’ Party (PKK); |
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2. |
Dismisses the action in Case T-316/14 RENV as to the remainder; |
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3. |
Dismisses the action in Case T-148/19; |
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Orders the PKK and the Council of the European Union each to bear their own costs relating to Cases T-316/14, C-46/19 P, T-316/14 RENV and T-148/19; |
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Orders the European Commission, the French Republic and the Kingdom of the Netherlands each to bear their own costs. |