# C_2010148EN.01001102.xml

| 5.6.2010 | EN | Official Journal of the European Union | C 148/11 |
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5.6.2010

EN

Official Journal of the European Union

C 148/11

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Reference for a preliminary ruling from the Oberlandesgericht Düsseldorf (Germany) lodged on 29 December 2009 — Generalbundesanwalt beim Bundesgerichtshof v E and F

(Case C-550/09)

2010/C 148/18

Language of the case: German

Referring court

Referring court

Oberlandesgericht Düsseldorf

Parties to the main proceedings

Parties to the main proceedings

Prosecutor: Generalbundesanwalt beim Bundesgerichtshof

Prosecutor:

Defendants: E, F

Defendants:

Questions referred

Questions referred

| 1. | Taking account, if appropriate, of the amended procedure resulting from the decision of the Council of the European Union of 28 June 2007 (2007/445/EC), (1) is the listing on the basis of Article 2 of Council Regulation (EC) No 2580/2001 (2) of 27 December 2001 of an organisation which has not brought proceedings contesting the decisions concerning it to be regarded as effective from the outset even if basic procedural guarantees were infringed in listing it? |
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1.

Taking account, if appropriate, of the amended procedure resulting from the decision of the Council of the European Union of 28 June 2007 (2007/445/EC), (1) is the listing on the basis of Article 2 of Council Regulation (EC) No 2580/2001 (2) of 27 December 2001 of an organisation which has not brought proceedings contesting the decisions concerning it to be regarded as effective from the outset even if basic procedural guarantees were infringed in listing it?

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| 2. | Are Articles 2 and 3 of Council Regulation (EC) No 2580/2001 of 27 December 2001 to be interpreted as meaning that funds, financial assets and economic resources are made available to a legal person, group or entity included in the list referred to in Article 2(3) of the regulation, that there is involvement in such provision or that there is participation in activities to circumvent Article 2 of the regulation even where the provider is, himself, a member of the legal person, group or entity? |
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2.

Are Articles 2 and 3 of Council Regulation (EC) No 2580/2001 of 27 December 2001 to be interpreted as meaning that funds, financial assets and economic resources are made available to a legal person, group or entity included in the list referred to in Article 2(3) of the regulation, that there is involvement in such provision or that there is participation in activities to circumvent Article 2 of the regulation even where the provider is, himself, a member of the legal person, group or entity?

| 3. | Are Articles 2 and 3 of Council Regulation (EC) No 2580/2001 of 27 December 2001 to be interpreted as meaning that funds, financial assets and economic resources are made available to a legal person, group or entity included in the list referred to in Article 2(3) of the regulation, that there is involvement in such provision or that there is participation in activities to circumvent Article 2 of the regulation even where the asset to be provided already is, if only in the broader sense, accessible to the legal person, group or entity? |
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3.

Are Articles 2 and 3 of Council Regulation (EC) No 2580/2001 of 27 December 2001 to be interpreted as meaning that funds, financial assets and economic resources are made available to a legal person, group or entity included in the list referred to in Article 2(3) of the regulation, that there is involvement in such provision or that there is participation in activities to circumvent Article 2 of the regulation even where the asset to be provided already is, if only in the broader sense, accessible to the legal person, group or entity?

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(1)  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 (OJ 2007 L 169, p. 58).

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(2)  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 (OJ 2001 L 344, p. 70).

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