27.7.2015   

EN

Official Journal of the European Union

C 245/43

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annul 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 Hamas (including Hamas-Izz-al-Din-al-Quassem);

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annul 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 (EU) No 790/2014 in so far as it concerns Hamas (including Hamas-Izz-al-Din-al-Quassem);

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order the Council to pay the costs of the proceedings.

1.

First plea in law: infringement of Article 1(4) of Common Position No 2001/93 (1) in so far as the national decisions relied on by the Council do not satisfy the conditions laid down by that article for a decision to be considered as taken by a competent authority.

2.

Second plea in law: incorrect statement of the facts, since the main facts cited by the Council are not substantiated by any evidence.

3.

Third plea in law: mistaken characterisation of Hamas as a terrorist group.

4.

Fourth plea in law: infringement of the principle of non-interference which prevents Hamas, a lawful political movement that won the Palestinian elections and forms the core of the Palestinian government, from being characterised as a terrorist group.

5.

Fifth plea in law: infringement of the duty to state reasons by the Council.

6.

Sixth plea in law: infringement of the applicant’s right of defence and its right to effective judicial protection in the course of the national proceedings.

7.

Seventh plea in law: infringement of the right to property in so far as the freezing of the applicant’s funds unjustifiably infringes its right to property.