Judgment of the General Court (Fourth Chamber) of 10 February 2021 –

Şanli v Council

(Case T‑157/19)

(Common foreign and security policy – Restrictive measures against certain persons and entities with a view to combating terrorism – Freezing of funds – List of the persons, groups and entities subject to the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Obligation to state reasons)

1. Judicial proceedings – Application initiating proceedings – Formal requirements – Identification of the subject matter of the dispute – Brief summary of the pleas in law on which the application is based – Abstract statement – Inadmissibility – Flexible interpretation (Rules of Procedure of the General Court, Art. 76(d)) (see paras 24, 25)

2. Acts of the institutions – Statement of reasons – Obligation – Scope – Specific restrictive measures directed against certain persons and entities with a view to combating terrorism – Freezing of funds – Minimum requirements (Art. 296, second para., TFEU; Charter of Fundamental Rights of the European Union, Art. 41(2)(c); Council Common Position 2001/931; Council Decision (CFSP) 2019/25; Council Regulations No 2580/2001 and No 2019/24) (see paras 36-40)

3. Common foreign and security policy – Specific restrictive measures directed against certain persons and entities with a view to combating terrorism – Freezing of funds – Obligation to state reasons – Scope – Statement of reasons – Maintenance of the applicant’s name on the lists at issue based on its link with the PKK and classification of the latter as a group or an entity that has committed terrorist acts – Annulment of the Council measures re-entering the PKK on the fund-freezing lists between 2014 and 2017 – Insufficient statement of reasons (Art. 296 TFEU; Council Decision (CFSP) 2019/25; Council Regulation 2019/24) (see paras 53-56, 60-64)

4. Judicial proceedings – Application initiating proceedings – Formal requirements – Identification of the subject matter of the dispute – Claim for compensation formulated for the first time in the reply – Inadmissibility (Arts 268 and 340 TFEU; Rules of Procedure of the General Court, Art. 76(d)) (see paras 70-72)

Re:

First, application under Article 263 TFEU for annulment of Council Decision (CFSP) 2019/25 of 8 January 2019 amending and 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) 2018/1084 (OJ 2019 L 6, p. 6), and of Council Implementing Regulation (EU) 2019/24 of 8 January 2019 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) 2018/1071 (OJ 2019 L 6, p. 2) in so far as they concern the applicant and, second, application under Article 268 TFEU seeking compensation for the damage which the applicant claims to have suffered as a result of those measures.

Operative part

The Court:

1. Annuls Council Decision (CFSP) 2019/25 of 8 January 2019 amending and 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) 2018/1084, and Council Implementing Regulation (EU) 2019/24 of 8 January 2019 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) 2018/1071, in so far as they concern Mr Dalokay Şanli;

2. Dismisses the action as to the remainder;

3. Orders the Council of the European Union to bear its own costs and to pay those incurred by Mr Şanli;