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Document C2007/056/08

    Case C-229/05 P: Judgment of the Court (First Chamber) of 18 January 2007 — Osman Ocalan, on behalf of the Kurdistan Workers' Party (PKK), Serif Vanly, on behalf of the Kurdistan National Congress (KNK) v Council of the European Union, United Kingdom of Great Britain and Northern Ireland, Commission of the European Communities (Appeal — Specific restrictive measures directed against certain persons and entities with a view to combating terrorism — Action for annulment — Admissibility)

    IO C 56, 10.3.2007, p. 5–6 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, RO, SK, SL, FI, SV)

    10.3.2007   

    EN

    Official Journal of the European Union

    C 56/5


    Judgment of the Court (First Chamber) of 18 January 2007 — Osman Ocalan, on behalf of the Kurdistan Workers' Party (PKK), Serif Vanly, on behalf of the Kurdistan National Congress (KNK) v Council of the European Union, United Kingdom of Great Britain and Northern Ireland, Commission of the European Communities

    (Case C-229/05 P) (1)

    (Appeal - Specific restrictive measures directed against certain persons and entities with a view to combating terrorism - Action for annulment - Admissibility)

    (2007/C 56/08)

    Language of the case: English

    Parties

    Appellants: Osman Ocalan, on behalf of the Kurdistan Workers' Party (PKK), Serif Vanly, on behalf of the Kurdistan National Congress (KNK) (represented by: M. Muller QC, E. Grieves and P. Moser, Barristers, J.G. Peirce, Solicitor)

    Other parties to the proceedings: Council of the European Union (represented by: E. Finnegan and M. Bishop, acting as Agents), United Kingdom of Great Britain and Northern Ireland (represented by: R. Caudwell, acting as Agent), Commission of the European Communities

    Re:

    Appeal against the order of the Court of First Instance (Second Chamber) of 15 February 2005 in Case T-229/02 PKK and KNK v Council, by which the Court of First Instance dismissed as inadmissible the action seeking annulment of Council Decision 2002/334/EC of 2 May 2002 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 (OJ 2002 L 116, p. 33) — Capacity and standing to bring proceedings

    Operative part of the judgment

    The Court:

    1.

    Sets aside the order of the Court of First Instance of the European Communities of 15 February 2005 in Case T-229/02 PKK and KNK v Council in so far as it dismisses the application of Osman Ocalan on behalf of the Kurdistan Workers' Party (PKK);

    2.

    Dismisses the appeal as to the remainder;

    3.

    Orders Serif Vanly on behalf of the Kurdistan National Congress (KNK) to pay the costs of the appeal brought by him;

    4.

    Dismisses the application of Osman Ocalan on behalf of the PKK as inadmissible in so far as it challenges Council Decision 2002/334/EC of 2 May 2002 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 Decision 2001/927/EC;

    5.

    Declares that the application of Osman Ocalan on behalf of the PKK is admissible in so far as it challenges Council Decision 2002/460/EC of 17 June 2002 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 Decision 2002/334/EC, and refers the case back to the Court of First Instance of the European Communities for judgment on the substance;

    6.

    Reserves the costs of Osman Ocalan on behalf of the PKK.


    (1)  OJ C 86, 8.4.2006.


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