# C_2014421EN.01002801.xml

| 24.11.2014 | EN | Official Journal of the European Union | C 421/28 |
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24.11.2014

EN

Official Journal of the European Union

C 421/28

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Judgment of the General Court of 16 October 2014 — LTTE v Council

(Joined Cases T-208/11 and T-508/11) (1)

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((Common foreign and security policy - Restrictive measures against certain persons and entities with a view to combating terrorism - Freezing of funds - Applicability of Regulation (EC) No 2580/2001 to situations of armed conflict - Possibility for an authority of a third State to be classified as a competent authority within the meaning of Common Position 2001/931/CFSP - Factual basis of the decisions to freeze funds - Reference to terrorist acts - Need for a decision of a competent authority for the purpose of Common Position 2001/931))

2014/C 421/38

Language of the case: English

Parties

Parties

Applicant: Liberation Tigers of Tamil Eelam (LTTE) (Herning, Denmark) (represented by: V. Koppe, A.M. van Eik and T. Buruma, lawyers)

Applicant:

Defendant: Council of the European Union (represented by: G. Étienne and E. Finnegan, acting as Agents)

Defendant:

Interveners in support of the defendant: Kingdom of the Netherlands (represented: in Case T-208/11, initially by M. Bulterman, N. Noort and C. Schillemans, and subsequently, as well as in Case T-508/11, by C. Wissels, M. Bulterman and J. Langer, acting as Agents); United Kingdom of Great Britain and Northern Ireland (represented: initially by S. Behzadi-Spencer, H. Walker and S. Brighouse, and subsequently by S. Behzadi-Spencer, H. Walker and E. Jenkinson, acting as Agents, assisted by M. Gray, Barrister) (intervener in Case T-208/11 only); and European Commission (represented initially by F. Castillo de la Torre and S. Boelaert, and subsequently by Castillo de la Torre and É. Cujo, acting as Agents)

Interveners in support of the defendant:

Re:

Re:

Application, initially, in Case T-208/11, for annulment of Council Implementing Regulation (EU) No 83/2011 of 31 January 2011 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 610/2010 (OJ 2011 L 28, p. 14), and, in Case T-508/11, for annulment of Council Implementing Regulation (EU) No 687/2011 of 18 July 2011 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 Regulations (EU) No 610/2010 and No 83/2011 (OJ 2011 L 188, p. 2), in so far as those measures apply to the applicant.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1) | Annuls Council Implementing Regulation (EU) No 83/2011 of 31 January 2011, No 687/2011 of 18 July 2011, No 1375/2011 of 22 December 2011, No 542/2012 of 25 June 2012, No 1169/2012 of 10 December 2012, No 714/2013 of 25 July 2013, No 125/2014 of 10 February 2014 and No 790/2014 of 22 July 2014 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 Regulations (EU) Nos 610/2010, 83/2011, 687/2011, 1375/2011, 542/2012, 1169/2012, 714/2013 and 125/2014 in so far as those measures concern the Liberation Tigers of Tamil Eelam (LTTE); |
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1)

Annuls Council Implementing Regulation (EU) No 83/2011 of 31 January 2011, No 687/2011 of 18 July 2011, No 1375/2011 of 22 December 2011, No 542/2012 of 25 June 2012, No 1169/2012 of 10 December 2012, No 714/2013 of 25 July 2013, No 125/2014 of 10 February 2014 and No 790/2014 of 22 July 2014 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 Regulations (EU) Nos 610/2010, 83/2011, 687/2011, 1375/2011, 542/2012, 1169/2012, 714/2013 and 125/2014 in so far as those measures concern the Liberation Tigers of Tamil Eelam (LTTE);

| 2) | Maintains the effects of Implementing Regulation No 790/2014 for three months following delivery of this judgment; |
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2)

Maintains the effects of Implementing Regulation No 790/2014 for three months following delivery of this judgment;

| 3) | Orders the Council of the European Union to pay, in addition to its own costs, the costs of the LTTE; |
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3)

Orders the Council of the European Union to pay, in addition to its own costs, the costs of the LTTE;

| 4) | Orders the Kingdom of the Netherlands, the United Kingdom of Great Britain and Northern Ireland and the European Commission to bear their own respective costs. |
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4)

Orders the Kingdom of the Netherlands, the United Kingdom of Great Britain and Northern Ireland and the European Commission to bear their own respective costs.

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(1)  OJ C 179, 18. 6. 2011.

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