This document is an excerpt from the EUR-Lex website
Document 62021TA0182
Case T-182/21: Judgment of the General Court of 14 December 2022 — PKK v Council (Common foreign and security policy — Restrictive measures imposed on the PKK with a view to combating terrorism — Freezing of funds — Common Position 2001/931/CFSP — Regulation (EC) No 2580/2001 — Applicability to situations of armed conflict — Terrorist group — Factual basis of the decisions to freeze funds — Decision taken by a competent authority — Authority of a third State — Review — Obligation to state reasons — Proportionality — Rights of the defence — Right to effective judicial protection)
Case T-182/21: Judgment of the General Court of 14 December 2022 — PKK v Council (Common foreign and security policy — Restrictive measures imposed on the PKK with a view to combating terrorism — Freezing of funds — Common Position 2001/931/CFSP — Regulation (EC) No 2580/2001 — Applicability to situations of armed conflict — Terrorist group — Factual basis of the decisions to freeze funds — Decision taken by a competent authority — Authority of a third State — Review — Obligation to state reasons — Proportionality — Rights of the defence — Right to effective judicial protection)
Case T-182/21: Judgment of the General Court of 14 December 2022 — PKK v Council (Common foreign and security policy — Restrictive measures imposed on the PKK with a view to combating terrorism — Freezing of funds — Common Position 2001/931/CFSP — Regulation (EC) No 2580/2001 — Applicability to situations of armed conflict — Terrorist group — Factual basis of the decisions to freeze funds — Decision taken by a competent authority — Authority of a third State — Review — Obligation to state reasons — Proportionality — Rights of the defence — Right to effective judicial protection)
OJ C 63, 20.2.2023, p. 36–37
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
20.2.2023 |
EN |
Official Journal of the European Union |
C 63/36 |
Judgment of the General Court of 14 December 2022 — PKK v Council
(Case T-182/21) (1)
(Common foreign and security policy - Restrictive measures imposed on the PKK with a view to combating terrorism - Freezing of funds - Common Position 2001/931/CFSP - Regulation (EC) No 2580/2001 - Applicability to situations of armed conflict - Terrorist group - Factual basis of the decisions to freeze funds - Decision taken by a competent authority - Authority of a third State - Review - Obligation to state reasons - Proportionality - Rights of the defence - Right to effective judicial protection)
(2023/C 63/45)
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: B. Driessen and S. Van Overmeire, acting as Agents)
Re:
By its action under Article 263 TFEU, the applicant seeks annulment of:
— |
Council Decision (CFSP) 2021/142 of 5 February 2021 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) 2020/1132 (OJ 2021 L 43, p. 14); |
— |
Council Implementing Regulation (EU) 2021/138 of 5 February 2021 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) 2020/1128 (OJ 2021 L 43, p. 1); |
— |
Council Decision (CFSP) 2021/1192 of 19 July 2021 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 2021/142 (OJ 2021 L 258, p. 42); |
— |
Council Implementing Regulation (EU) 2021/1188 of 19 July 2021 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 2021/138 (OJ 2021 L 258, p. 14); |
— |
Council Decision (CFSP) 2022/152 of 3 February 2022 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 2021/1192 (OJ 2022 L 25, p. 13); |
— |
Council Implementing Regulation (EU) 2022/147 of 3 February 2022 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 2021/1188 (OJ 2022 L 25, p. 1), in so far as those measures concern the applicant. |
Operative part of the judgment
The Court:
1. |
Dismisses the action; |
2. |
Orders each party to bear its own costs. |