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Document 62019CN0046
Case C-46/19 P: Appeal brought on 25 January 2019 by Council of the European Union against the judgment of the General Court (Third Chamber, Extended Composition) delivered on 15 November 2018 in Case T-316/14: Kurdistan Workers’ Party (PKK) v Council
Case C-46/19 P: Appeal brought on 25 January 2019 by Council of the European Union against the judgment of the General Court (Third Chamber, Extended Composition) delivered on 15 November 2018 in Case T-316/14: Kurdistan Workers’ Party (PKK) v Council
Case C-46/19 P: Appeal brought on 25 January 2019 by Council of the European Union against the judgment of the General Court (Third Chamber, Extended Composition) delivered on 15 November 2018 in Case T-316/14: Kurdistan Workers’ Party (PKK) v Council
OJ C 103, 18.3.2019, p. 17–18
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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18.3.2019 |
EN |
Official Journal of the European Union |
C 103/17 |
Appeal brought on 25 January 2019 by Council of the European Union against the judgment of the General Court (Third Chamber, Extended Composition) delivered on 15 November 2018 in Case T-316/14: Kurdistan Workers’ Party (PKK) v Council
(Case C-46/19 P)
(2019/C 103/18)
Language of the case: English
Parties
Appellant: Council of the European Union (represented by: B. Driessen, S. Van Overmeire, Agents)
Other parties to the proceedings: Kurdistan Workers' Party (PKK), European Commission, United Kingdom of Great Britain and Northern Ireland
Form of order sought
The appellant claims that the Court should:
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set aside the contested judgment of the General Court; |
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give final judgment in the matters that are the subject of this appeal and to dismiss PKK's application; and |
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order the PKK to pay the costs of the Council arising from the present appeal and from Case T-316/14. |
Pleas in law and main arguments
The Council submits that the General Court erred in the contested judgment on the following points:
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first plea: the General Court wrongly characterised the contested decisions as purely Article 1(6) decisions (1); |
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second plea: the General Court wrongly concluded that the U.S. decisions cannot serve as a basis for the initial listing; |
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third plea: the General Court wrongly found that the Council had failed to explain why it considered the U.S. decisions and the Order of the UK Home Secretary to be a decision of a competent authority within the meaning of Article 1(4) of CP931; |
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fourth plea: the General Court wrongly applied the Court of Justice's LTTE (2) judgment, point 55, to the case at hand; |
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fifth plea: the General Court wrongly applied LTTE, point 71 to the case at hand; |
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sixth plea: the General Court wrongly applied Article 1(4) of CP931 and point 55 of the LTTE judgment; |
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seventh plea: the General Court wrongly held that the Council could not respond to the PKK's letter in its own letter of 27 March 2015. |
(1) Council Common Position of 27 December 2001 on the application of specific measures to combat terrorism (OJ 2001, L 344, p. 93).
(2) Case C-599/14 P, Council v. LTTE, EU:C2017:583