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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)

    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.


    (1)  OJ C 217, 7.6.2021.


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