# C_2019270EN.01000201.xml

| 12.8.2019 | EN | Official Journal of the European Union | C 270/2 |
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12.8.2019

EN

Official Journal of the European Union

C 270/2

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Judgment of the Court (Fifth Chamber) of 20 June 2019 (request for a preliminary ruling from the Landgericht Saarbrücken — Germany) — Criminal proceedings against K. P.

(Case C-458/15) (1)

(Reference for a preliminary ruling - Common foreign and security policy - Combating terrorism - Restrictive measures directed against certain persons and entities - Freezing of funds - Common Position 2001/931/CFSP - Article 1(4) and (6) - Regulation (EC) No 2580/2001 - Article 2(3) - Council Decision retaining an organisation on the list of persons, groups and entities involved in terrorist acts - Validity)

(2019/C 270/02)

Language of the case: German

Referring court

Landgericht Saarbrücken

Parties to the criminal proceedings against

K. P.

Operative part of the judgment

| 1. | Consideration of the question referred for a preliminary ruling has disclosed no factor such as to affect the validity of:






  — | Council Decision 2007/445/EC of 28 June 2007 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 Decisions 2006/379/EC and 2006/1008/EC; |
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1.

Consideration of the question referred for a preliminary ruling has disclosed no factor such as to affect the validity of:

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Council Decision 2007/445/EC of 28 June 2007 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 Decisions 2006/379/EC and 2006/1008/EC;

| — | Council Decision 2007/868/EC of 20 December 2007 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 2007/445/EC; |
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Council Decision 2007/868/EC of 20 December 2007 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 2007/445/EC;

| — | Council Decision 2008/583/EC of 15 July 2008 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 2007/868/EC; and |
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Council Decision 2008/583/EC of 15 July 2008 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 2007/868/EC; and

| — | Council Decision 2009/62/EC of 26 January 2009 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 2008/583/EC. |
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Council Decision 2009/62/EC of 26 January 2009 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 2008/583/EC.

| 2. | Council Regulation (EC) No 501/2009 of 15 June 2009 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 2009/62/EC is invalid in so far as, by that regulation, the Liberation Tigers of Tamil Eelam were kept on the list provided for in Article 2(3) of Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism. |
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2.

Council Regulation (EC) No 501/2009 of 15 June 2009 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 2009/62/EC is invalid in so far as, by that regulation, the Liberation Tigers of Tamil Eelam were kept on the list provided for in Article 2(3) of Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism.

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(1)  OJ C 354, 26.10.2015.

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