JUDGMENT OF THE GENERAL COURT (First Chamber, Extended Composition)

14 December 2018 ( *1 )

(Common foreign and security policy – Restrictive measures taken against certain persons and entities with a view to combating terrorism – Freezing of funds – Possibility for an authority of a third country to be classified as a competent authority within the meaning of Common Position 2001/931/CFSP – Factual basis of the decisions to freeze funds – Obligation to state reasons – Error of assessment – Right to effective judicial protection – Rights of the defence – Right to property)

In Case T‑400/10 RENV,

Hamas, established in Doha (Qatar), represented by L. Glock, lawyer,

applicant,

v

Council of the European Union, represented by B. Driessen, M. Bishop and A. Sikora-Kalėda, acting as Agents,

defendant,

supported by

French Republic, represented by D. Colas and F. Fize, acting as Agents,

and by

European Commission, represented initially by F. Castillo de la Torre, M. Konstantinidis and R. Tricot, and subsequently by F. Castillo de la Torre, L. Baumgart and C. Zadra, acting as Agents,

interveners,

ACTION under Article 263 TFEU seeking annulment, first, of the Council Notice for the attention of the persons, groups and entities whose names were included on the list provided for in Article 2(3) of Council Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (OJ 2010 C 188, p. 13), of Council Decision 2010/386/CFSP of 12 July 2010 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 (OJ 2010 L 178, p. 28) and of Council Implementing Regulation (EU) No 610/2010 of 12 July 2010 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 1285/2009 (OJ 2010 L 178, p. 1), in so far as those measures concern the applicant; secondly, of Council Decision 2011/70/CFSP of 31 January 2011 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 (OJ 2011 L 28, p. 57) and 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 No 610/2010 (OJ 2011 L 28, p. 14), in so far as those measures concern the applicant; thirdly, of Council Decision 2011/430/CFSP of 18 July 2011 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 (OJ 2011 L 188, p. 47) and 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 No 610/2010 and No 83/2011 (OJ 2011 L 188, p. 2), in so far as those measures concern the applicant; fourthly, of Council Decision 2011/872/CFSP of 22 December 2011 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 2011/430 (OJ 2011 L 343, p. 54) and of Council Implementing Regulation (EU) No 1375/2011 of 22 December 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 687/2011 (OJ 2011 L 343, p. 10), in so far as those measures concern the applicant; fifthly, of Council Decision 2012/333/CFSP of 25 June 2012 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 2011/872 (OJ 2012 L 165, p. 72) and of Council Implementing Regulation (EU) No 542/2012 of 25 June 2012 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 No 1375/2011 (OJ 2012 L 165, p. 12), in so far as those measures concern the applicant; sixthly, of Council Decision 2012/765/CFSP of 10 December 2012 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 Implementing Decision 2012/333 (OJ 2012 L 337, p. 50) and of Council Implementing Regulation (EU) No 1169/2012 of 10 December 2012 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 No 542/2012 (OJ 2012 L 337, p. 2), in so far as those measures concern the applicant; seventhly, of Council Decision 2013/395/CFSP of 25 July 2013 updating and amending 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 2012/765 (OJ 2013 L 201, p. 57) and of Council Implementing Regulation (EU) No 714/2013 of 25 July 2013 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 No 1169/2012 (OJ 2013 L 201, p. 10), in so far as those measures concern the applicant; eighthly, of Council Decision 2014/72/CFSP of 10 February 2014 updating and amending 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 2013/395 (OJ 2014 L 40, p. 56) and of Council Implementing Regulation (EU) No 125/2014 of 10 February 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 Regulation No 714/2013 (OJ 2014 L 40, p. 9), in so far as those measures concern the applicant; ninthly, of Council Decision 2014/483/CFSP of 22 July 2014 updating and amending 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 2014/72 (OJ 2014 L 217, p. 35) and of Council Implementing Regulation (EU) 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 Regulation No 125/2014 (OJ 2014 L 217, p. 1), in so far as those measures concern the applicant; and, tenthly, of Council Decision (CFSP) 2017/1426 of 4 August 2017 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) 2017/154 (OJ 2017 L 204, p. 95) and of Council Implementing Regulation (EU) 2017/1420 of 4 August 2017 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) 2017/150 (OJ 2017 L 204, p. 3), in so far as those measures concern the applicant,

THE GENERAL COURT (First Chamber, Extended Composition),

composed of I. Pelikánová, President, V. Valančius, P. Nihoul (Rapporteur), J. Svenningsen and U. Öberg, Judges,

Registrar: P. Cullen, Administrator,

having regard to the written part of the procedure and further to the hearing on 11 July 2018,

gives the following

Judgment

I. Background to the dispute and events subsequent to the bringing of the present action

A. Resolution 1373 (2001) of the United Nations Security Council

1 On 28 September 2001, the United Nations Security Council adopted Resolution 1373 (2001) laying out wide-ranging strategies to combat terrorism and in particular the financing of terrorism. Paragraph 1(c) of that resolution provides, inter alia, that all States are to freeze without delay funds and other financial assets or economic resources of persons who commit, or attempt to commit, terrorist acts or participate in or facilitate the commission of terrorist acts; of entities owned or controlled by such persons; and of persons and entities acting on behalf of, or at the direction of, such persons and entities.

2 That resolution does not provide a list of persons, entities or groups to whom those restrictive measures must be applied.

B. EU Law

3 On 27 December 2001, as it took the view that action by the European Union was necessary in order to implement Resolution 1373 (2001), the Council of the European Union adopted Common Position 2001/931/CFSP on the application of specific measures to combat terrorism (OJ 2001 L 344, p. 93). In particular, Article 2 of Common Position 2001/931 provides for the freezing of the funds and other financial assets or economic resources of persons, groups and entities involved in terrorist acts and set out on the list in the annex to that common position.

4 On the same day, in order to implement at EU level the measures set out in Common Position 2001/931, the Council adopted Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (OJ 2001 L 344, p. 70) and Decision 2001/927/EC establishing the list provided for in Article 2(3) of Regulation No 2580/2001 (OJ 2001 L 344, p. 83).

5 The name ‘Hamas-Izz al-Din al-Qassem (terrorist wing of Hamas)’ appeared on the lists annexed to Common Position 2001/931 and Decision 2001/927. Those two measures were regularly updated, in accordance with Article 1(6) of Common Position 2001/931 and Article 2(3) of Regulation No 2580/2001, and the name ‘Hamas-Izz al-Din al-Qassem (terrorist wing of Hamas)’ remained on those lists.

6 On 12 September 2003, the Council adopted Common Position 2003/651/CFSP updating Common Position 2001/931 (OJ 2003 L 229, p. 42) and Decision 2003/646/EC implementing Article 2(3) of Regulation No 2580/2001 and repealing Decision 2003/480/EC (OJ 2003 L 229, p. 22). The name of the organisation included on the lists annexed to those measures is ‘Hamas (including Hamas-Izz al-Din al-Qassem)’.

7 The name of that organisation has continued to be included on the lists annexed to subsequent measures.

C. Contested measures

1. July 2010 measures

8 On 12 July 2010, the Council adopted Decision 2010/386/CFSP updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931 (OJ 2010 L 178, p. 28) and Implementing Regulation (EU) No 610/2010 implementing Article 2(3) of Regulation No 2580/2001 and repealing Implementing Regulation (EU) No 1285/2009 (OJ 2010 L 178, p. 1) (together, ‘the July 2010 measures’).

9 The name ‘Hamas (including Hamas-Izz al-Din al-Qassem)’ continued to be included on the lists annexed to those measures (‘the July 2010 lists at issue’).

10 On 13 July 2010, the Council published in the Official Journal of the European Union the notice for the attention of the persons, groups and entities on the list provided for in Article 2(3) of Regulation No 2580/2001 (OJ 2010 C 188, p. 13; ‘the July 2010 notice’).

11 By that notice, the Council, inter alia, informed the persons and entities concerned, first, that it had determined that the reasons for including their names on the lists adopted under Regulation No 2580/2001 were still valid, and therefore it had decided to maintain their name on the July 2010 lists at issue; secondly, that they could make an application to the competent national authorities to obtain an authorisation to use frozen funds for certain needs; thirdly, that they could submit a request to the Council to obtain the statement of reasons for maintaining their name on those lists; fourthly, that they could submit at any time a request to the Council that the decision to include their name on the lists in question should be reconsidered; fifthly, that, in order for requests to be considered at the next review, in accordance with Article 1(6) of Common Position 2001/931, they had to be submitted within two months from the date of publication of that notice; and, sixthly, that they had the possibility of bringing an action before the EU Courts.

12 The applicant did not respond to that notice.

2. January 2011 measures

13 By a notice published in the Official Journal of the European Union of 20 November 2010, the Council informed the persons, groups and entities concerned by Implementing Regulation No 610/2010 that it had been provided with new information relevant to those listings and that it had amended the statement of reasons concerning that regulation accordingly. According to that notice, a request to obtain the statement of reasons could be submitted to the Council within two weeks from the date of publication of the notice.

14 By letter of 10 December 2010, the Council, which, as a result of the bringing of the present action, on 12 September 2010, had the applicant’s lawyer’s address, sent that lawyer its statement of reasons as to why it intended to maintain the applicant’s name on the fund-freezing lists and indicated to the lawyer that she could, within one month from the date of that letter, submit observations to the Council regarding that retention and send to it any supporting documents.

15 The applicant did not respond to that notice or to that letter.

16 On 31 January 2011, the Council adopted Decision 2011/70/CFSP updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931 (OJ 2011 L 28, p. 57) and Implementing Regulation (EU) No 83/2011 implementing Article 2(3) of Regulation No 2580/2001 and repealing Implementing Regulation (EU) No 610/2010 (OJ 2011 L 28, p. 14) (together, ‘the January 2011 measures’). The name ‘Hamas (including Hamas-Izz al-Din al-Qassem)’ was maintained on the lists annexed to those measures (‘the January 2011 lists at issue’).

17 By letter of 2 February 2011, the Council sent to the applicant’s lawyer the statement of reasons justifying the retention of ‘Hamas (including Hamas-Izz al-Din al-Qassem)’ on the January 2011 lists at issue.

18 That statement of reasons was set out as follows.

19 First, the Council summarised the history of the activities of ‘Hamas (including Hamas-Izz al-Din al-Qassem)’. In particular, that organisation was said to have committed a number of attacks against Israeli targets from 1988 to 2010 which were classified as terrorist acts within the meaning of Article 1(3) of Common Position 2001/931.

20 Secondly, the Council stated that, during 2001, ‘Hamas-Izz al-Din al-Qassem’ had been the subject of two decisions adopted by the authorities of the United Kingdom of Great Britain and Northern Ireland and of two decisions adopted by the authorities of the United States of America.

21 The first decision taken by the United Kingdom authorities came from the Secretary of State for the Home Department (‘the Home Secretary’). That decision of 29 March 2001 was adopted under the UK Terrorism Act 2000 and proscribed Hamas-Izz al-Din al-Qassem, which was considered to be an organisation involved in acts of terrorism (‘the Home Secretary’s decision’). The second decision taken by the United Kingdom authorities came from the UK Treasury. By that decision of 6 December 2001, the UK Treasury froze the assets of Hamas-Izz al-Din al-Qassem and issued instructions in that regard in accordance with the powers conferred on it by article 4 of the Terrorism (United Nations Measures) Order 2001. The Council stated that the Home Secretary’s decision had been reviewed regularly by an internal government committee and that the order that formed the basis of the UK Treasury’s decision contained provisions regarding the judicial review of that decision and actions against it.

22 The decisions of the United States authorities consisted, first, in a government decision designating Hamas as a ‘foreign terrorist organisation’, pursuant to section 219 of the US Immigration and Nationality Act, as amended, and, secondly, in a decision designating Hamas as ‘an entity expressly identified as an international terrorist entity’, pursuant to Executive Order No 13224) (together, ‘the United States decisions’). The Council observed that the first designation was amenable to judicial review and the second to administrative and judicial review, in accordance with United States legislation.

23 The Council classified those decisions as ‘decisions of competent authorities’, in accordance with Article 1(4) of Common Position 2001/931.

24 Thirdly, the Council found that those decisions were still in force and took the view that the reasons for including ‘Hamas (including Hamas-Izz al-Din al-Qassem)’ on the fund-freezing lists remained valid.

25 In its letter of 2 February 2011, the Council stated, first, that the applicant could submit to it at any time a request for reconsideration of the January 2011 lists at issue under Article 2(3) of Regulation No 2580/2001 and Article 1(6) of Common Position 2001/931; secondly, that, in order for requests to be considered at the next review, in accordance with Article 1(6) of Common Position 2001/931, they had to be submitted to the Council within two months from the date of that letter; thirdly, that the applicant had the possibility of bringing an action before the EU Courts; and, fourthly, that it could make an application to the competent national authorities to obtain an authorisation to use frozen funds for certain needs.

3. July 2011 measures

26 On 30 May 2011, the Council sent to the applicant’s lawyer a letter informing her that it had been provided with new information relevant to the listing of persons, groups and entities subject to the restrictive measures provided for in Regulation No 2580/2001 and that it had amended the statement of reasons accordingly. It accorded the applicant a period of three weeks in which to submit its observations.

27 The applicant did not respond to that letter.

28 On 18 July 2011, the Council adopted Decision 2011/430/CFSP updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931 (OJ 2011 L 188, p. 47) and Implementing Regulation (EU) No 687/2011 implementing Article 2(3) of Regulation No 2580/2001 and repealing Implementing Regulations (EU) No 610/2010 and No 83/2011 (OJ 2011 L 188, p. 2) (together, ‘the July 2011 measures’). The name ‘Hamas (including Hamas-Izz al-Din al-Qassem)’ was maintained on the lists annexed to those measures (‘the July 2011 lists at issue’).

29 By letter of 19 July 2011, the Council sent to the applicant’s lawyer the statement of reasons justifying the retention of the name ‘Hamas (including Hamas-Izz al-Din al-Qassem)’ on the July 2011 lists at issue, informing her, first, that the applicant could submit to it at any time a request for reconsideration of those lists under Article 2(3) of Regulation No 2580/2001 and Article 1(6) of Common Position 2001/931; secondly, that, in order for requests to be considered at the next review, in accordance with Article 1(6) of Common Position 2001/931, they had to be submitted to it within two months from the date of that letter; thirdly, that the applicant had the possibility of bringing an action before the EU Courts; and, fourthly, that it could make an application to the competent national authorities to obtain an authorisation to use frozen funds for certain needs.

30 That statement of reasons was the same as that relating to the January 2011 measures, except that the reference to the UK Treasury’s decision had been removed.

31 The applicant did not respond to that letter.

4. December 2011 measures

32 On 15 November 2011, the Council sent to the applicant’s lawyer a letter informing her that it had been provided with new information relevant to the listing of persons, groups and entities subject to the restrictive measures provided for in Regulation No 2580/2001 and that it had amended the statement of reasons accordingly. It accorded a period of two weeks in which to submit observations.

33 The applicant did not respond to that letter.

34 On 22 December 2011, the Council adopted Decision 2011/872/CFSP updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931 and repealing Decision 2011/430 (OJ 2011 L 343, p. 54) and Implementing Regulation (EU) No 1375/2011 implementing Article 2(3) of Regulation No 2580/2001 and repealing Implementing Regulation (EU) No 687/2011 (OJ 2011 L 343, p. 10) (together, ‘the December 2011 measures’). The name ‘Hamas (including Hamas-Izz al-Din al-Qassem)’ was maintained on the lists annexed to those measures (‘the December 2011 lists at issue’).

35 By letter of 3 January 2012, the Council sent to the applicant’s lawyer the statement of reasons justifying the retention of the name ‘Hamas (including Hamas-Izz al-Din al-Qassem)’ on the December 2011 lists at issue, informing her, first, that the applicant could submit to it at any time a request for reconsideration of those lists under Article 2(3) of Regulation No 2580/2001 and Article 1(6) of Common Position 2001/931; secondly, that, in order for requests to be considered at the next review, in accordance with Article 1(6) of Common Position 2001/931, they had to be submitted to it before 29 February 2012; thirdly, that the applicant had the possibility of bringing an action before the EU Courts; and, fourthly, that it could make an application to the competent national authorities to obtain an authorisation to use frozen funds for certain needs.

36 In that statement of reasons, the Council supplemented the statement of facts used to classify the applicant (including Hamas-Izz al-Din al-Qassem) as a terrorist organisation with three new facts, dating from 2011.

37 The applicant did not respond to that letter.

5. June 2012 measures

38 On 25 June 2012, the Council adopted Decision 2012/333/CFSP updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931 and repealing Decision 2011/872 (OJ 2012 L 165, p. 72) and Implementing Regulation (EU) No 542/2012 implementing Article 2(3) of Regulation No 2580/2001 and repealing Implementing Regulation (EU) No 1375/2011 (OJ 2012 L 165, p. 12) (together, ‘the June 2012 measures’). The name ‘Hamas (including Hamas-Izz al-Din al-Qassem)’ was maintained on the lists annexed to those measures (‘the June 2012 lists at issue’).

39 By letter of 26 June 2012, the Council sent to the applicant’s lawyer the statement of reasons justifying the retention of the name ‘Hamas (including Hamas-Izz al-Din al-Qassem)’ on the June 2012 lists at issue, informing her, first, that the applicant could submit to it at any time a request for reconsideration of those lists under Article 2(3) of Regulation No 2580/2001 and Article 1(6) of Common Position 2001/931; secondly, that, in order for requests to be considered at the next review, in accordance with Article 1(6) of Common Position 2001/931, they had to be submitted to it before 27 August 2012; thirdly, that the applicant had the possibility of bringing an action before the EU Courts; and, fourthly, that it could make an application to the competent national authorities to obtain an authorisation to use frozen funds for certain needs.

40 That statement of reasons was identical to that concerning the December 2011 measures.

41 The applicant did not respond to that letter.

6. December 2012 measures

42 On 10 December 2012, the Council adopted Decision 2012/765/CFSP updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931 and repealing Decision 2012/333 (OJ 2012 L 337, p. 50) and Implementing Regulation (EU) No 1169/2012 implementing Article 2(3) of Regulation No 2580/2001 and repealing Implementing Regulation (EU) No 542/2012 (OJ 2012 L 337, p. 2) (‘the December 2012 measures’). ‘Hamas (including Hamas-Izz al-Din al-Qassem)’ was maintained on the lists annexed to those measures (‘the December 2012 lists at issue’).

43 By letter of 11 December 2012, the Council sent to the applicant’s lawyer the statement of reasons justifying the retention of the name ‘Hamas (including Hamas-Izz al-Din al-Qassem)’ on the December 2012 lists at issue, informing her, first, that the applicant could submit to it at any time a request for reconsideration of those lists under Article 2(3) of Regulation No 2580/2001 and Article 1(6) of Common Position 2001/931; secondly, that, in order for requests to be considered at the next review, in accordance with Article 1(6) of Common Position 2001/931, they had to be submitted to it before 11 February 2013; thirdly, that the applicant had the possibility of bringing an action before the EU Courts; and, fourthly, that it could make an application to the competent national authorities to obtain an authorisation to use frozen funds for certain needs.

44 That statement of reasons was identical to that concerning the June 2012 measures.

45 The applicant did not respond to that letter.

7. July 2013 measures

46 On 25 July 2013, the Council adopted Decision 2013/395/CFSP updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931 and repealing Decision 2012/765 (OJ 2013 L 201, p. 57) and Implementing Regulation (EU) No 714/2013 implementing Article 2(3) of Regulation No 2580/2001 and repealing Implementing Regulation (EU) No 1169/2012 (OJ 2013 L 201, p. 10) (‘the July 2013 measures’). The name ‘Hamas (including Hamas-Izz al-Din al-Qassem)’ was maintained on the lists annexed to those measures (‘the July 2013 lists at issue’).

47 By letter of 26 July 2013, the Council sent to the applicant’s lawyer the statement of reasons justifying the retention of the name ‘Hamas (including Hamas-Izz al-Din al-Qassem)’ on the July 2013 lists at issue, informing her, first, that the applicant could submit to it at any time a request for reconsideration of those lists under Article 2(3) of Regulation No 2580/2001 and Article 1(6) of Common Position 2001/931; secondly, that, in order for requests to be considered at the next review, in accordance with Article 1(6) of Common Position 2001/931, they had to be submitted to it before 10 September 2013; thirdly, that the applicant had the possibility of bringing an action before the EU Courts; and, fourthly, that it could make an application to the competent national authorities to obtain an authorisation to use frozen funds for certain needs.

48 That statement of reasons was identical to that concerning the December 2012 measures.

49 The applicant did not respond to that letter.

8. February 2014 measures

50 On 10 February 2014, the Council adopted Decision 2014/72/CFSP updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931 and repealing Decision 2013/395 (OJ 2014 L 40, p. 56) and Implementing Regulation (EU) No 125/2014 implementing Article 2(3) of Regulation No 2580/2001 and repealing Implementing Regulation No 714/2013 (OJ 2014 L 40, p. 9) (together, ‘the February 2014 measures’). The name ‘Hamas (including Hamas-Izz al-Din al-Qassem)’ was maintained on the lists annexed to those measures (‘the February 2014 lists at issue’).

51 By letter of 11 February 2014, the Council sent to the applicant’s lawyer the statement of reasons justifying the retention of the name ‘Hamas (including Hamas-Izz al-Din al-Qassem)’ on the February 2014 lists at issue, informing her, first, that the applicant could submit to it at any time a request for reconsideration of those lists under Article 2(3) of Regulation No 2580/2001 and Article 1(6) of Common Position 2001/931; secondly, that, in order for requests to be considered at the next review, in accordance with Article 1(6) of Common Position 2001/931, they had to be submitted to it before 28 February 2014; thirdly, that the applicant had the possibility of bringing an action before the EU Courts; and, fourthly, that it could make an application to the competent national authorities to obtain an authorisation to use frozen funds for certain needs.

52 That statement of reasons was identical to that concerning the July 2013 measures.

53 The applicant did not respond to that letter.

9. July 2014 measures

54 On 22 July 2014, the Council adopted Decision 2014/483/CFSP updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931 and repealing Decision 2014/72 (OJ 2014 L 217, p. 35) and Implementing Regulation (EU) No 790/2014 implementing Article 2(3) of Regulation No 2580/2001 and repealing Implementing Regulation No 125/2014 (OJ 2014 L 217, p. 1) (together, ‘the July 2014 measures’). The name ‘Hamas (including Hamas-Izz al-Din al-Qassem)’ was maintained on the lists annexed to those measures (‘the July 2014 lists at issue’).

55 By letter of 23 July 2014, the Council sent to the applicant’s lawyer the statement of reasons justifying the retention of the name ‘Hamas (including Hamas-Izz al-Din al-Qassem)’ on the July 2014 lists at issue, informing her, first, that the applicant could submit to it at any time a request for reconsideration of those lists under Article 2(3) of Regulation No 2580/2001 and Article 1(6) of Common Position 2001/931; secondly, that, in order for requests to be considered at the next review, in accordance with Article 1(6) of Common Position 2001/931, they had to be submitted to it before 30 September 2014; thirdly, that the applicant had the possibility of bringing an action before the EU Courts; and, fourthly, that it could make an application to the competent national authorities to obtain an authorisation to use frozen funds for certain needs.

56 In the statement of reasons, the Council added that the classification of the applicant as a foreign terrorist organisation by the United States decision based on section 219 of the US Immigration and Nationality Act had been maintained by a decision of 18 July 2012.

57 The applicant did not respond to that letter.

10. August 2017 measures

58 On 4 August 2017, the Council adopted Decision (CFSP) 2017/1426 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931 and repealing Decision (CFSP) 2017/154 (OJ 2017 L 204, p. 95) and Implementing Regulation (EU) 2017/1420 implementing Article 2(3) of Regulation No 2580/2001 and repealing Implementing Regulation (EU) 2017/150 (OJ 2017 L 204, p. 3) (together, ‘the August 2017 measures’). The name ‘Hamas (including Hamas-Izz al-Din al-Qassem)’ was maintained on the lists annexed to those measures (‘the August 2017 lists at issue’).

59 By letter of 7 August 2017, the Council sent to the applicant’s lawyer the statement of reasons justifying the retention of the name ‘Hamas (including Hamas-Izz al-Din al-Qassem)’ on the August 2017 lists at issue, informing her, first, that the applicant could submit to it at any time a request for reconsideration of those lists under Article 2(3) of Regulation No 2580/2001 and Article 1(6) of Common Position 2001/931; secondly, that, in order for requests to be considered at the next review, in accordance with Article 1(6) of Common Position 2001/931, they had to be submitted to it before 4 September 2017; thirdly, that the applicant had the possibility of bringing an action before the EU Courts; and, fourthly, that it could make an application to the competent national authorities to obtain an authorisation to use frozen funds for certain needs.

60 That statement of reasons underwent significant amendments in relation to those for previous measures.

61 The applicant did not respond to that letter.

II. Procedure and forms of order sought before referral back

62 By application lodged at the Court Registry on 12 September 2010, the applicant brought the present action.

63 In the application, the applicant claimed that the Court should: – annul the July 2010 notice; – annul the July 2010 measures; – order the Council to pay the costs.

64 By document lodged at the Court Registry on 21 December 2010, the European Commission applied for leave to intervene in the proceedings in support of the form of order sought by the Council. By order of 7 February 2011, the President of the Second Chamber of the General Court granted that leave to intervene.

65 By letter of 17 February 2011, lodged at the Court Registry on the same day, the applicant referred to the January 2011 measures and to the letter of 2 February 2011. It stated that it maintained the pleas in the application against those ‘measures’ and that, in the reply, it would develop its criticisms against the reasons for maintaining its name on the January 2011 lists at issue, as notified by the letter of 2 February 2011.

66 After hearing the other parties, the Court, by letter from the Registry of 15 June 2011 addressed to the applicant, authorised the applicant to amend, in its reply, the pleas in law and form of order sought in its action with respect to the January 2011 measures, if appropriate in the light of the reasons set out in the letter of 2 February 2011. However, the Court did not authorise the applicant to amend the form of order sought in so far as the letter of 2 February 2011 was concerned. The time limit for lodging the reply was set at 27 July 2011.

67 By letter of 27 July 2011, the applicant referred to the July 2011 measures and to the letter of 19 July 2011 as replacing the measures initially contested. It stated that the publication or notification of those measures caused a new two-month period for bringing an action to begin to run and stated the reasons why the reply had not been lodged.

68 The letter of 27 July 2011 was placed on the file as an application for an extension of the period for lodging the reply.

69 By letters from the Registry of 16 September 2011, the Court informed the parties that it had decided not to accede to that application for an extension and set at 2 November 2011 the time limit for the Commission to lodge the statement in intervention.

70 On 28 September 2011, the applicant lodged a supplementary pleading at the Court Registry. In that pleading, the applicant stated that it ‘was extending the form of order seeking annulment to include [the July 2011 measures]’, in so far as they concerned it, including Hamas-Izz al-Din al-Qassem. It also stated that, in the light of the initial application, the letter of 17 February 2011 and the supplementary pleading, the present action should henceforth be considered to be brought against the July 2010 measures as well as against the January and July 2011 measures. The applicant added that the claims submitted against the July 2010 notice were also maintained and made clear that its applications for annulment related to the measures at issue solely in so far as they concerned the applicant.

71 On 28 October 2011, the Commission lodged the statement in intervention.

72 By decision of the Court of 8 December 2011, the supplementary pleading was placed on the file.

73 By letter of 20 December 2011, the Court informed the parties that, since the period within which an action for annulment of the January 2011 measures could be brought had expired before the supplementary pleading was lodged, the amendment of the form of order sought in the action to include those measures, which was in itself admissible, since it had already been requested and put into effect to the requisite legal standard by the applicant’s letter of 17 February 2011, would be examined solely in the light of the pleas and arguments put forward by that party before the expiry of the period within which an action for annulment of those measures could be brought, that is to say, the pleas and arguments put forward in the application initiating the proceedings.

74 The Court set 17 February 2012 as the deadline by which the Council and the Commission were to lodge their observations on the amendment of the form of order sought to include the January 2011 measures and, on 5 March 2012, it extended until 3 April 2012 the deadline by which those parties had to lodge their observations on the supplementary pleading.

75 By letter lodged at the Court Registry on 1 February 2012, the applicant amended the form of order sought in order to take account of the December 2011 measures, in so far as they concerned it, including Hamas-Izz al-Din al-Qassem.

76 By documents lodged at the Court Registry on 13 and 16 February 2012, the Commission and the Council, at the Court’s invitation, lodged their observations on the amendment of the form of order sought to include the January 2011 measures, in so far as they concerned the applicant, including Hamas-Izz al-Din al-Qassem.

77 By documents lodged at the Court Registry on 3 April 2012, the Council and the Commission, at the Court’s invitation, lodged their observations on the supplementary pleading.

78 By document lodged at the Court Registry on 28 June 2012, the applicant, at the Court’s invitation, lodged its observations in response to the observations of the Council and the Commission of 3 April 2012.

79 By document lodged at the Court Registry on 10 July 2012, the applicant amended the form of order sought in order to take account of the June 2012 measures, in so far as they concerned Hamas, including Hamas-Izz al-Din al-Qassem.

80 By documents lodged at the Court Registry on 20 and 23 July 2012, the Commission and the Council, at the Court’s invitation, lodged their observations on the amendment of the form of order sought in order to include the June 2012 measures.

81 By documents lodged at the Court Registry on 5 and 6 September 2012, the Commission and the Council, at the Court’s invitation, replied to the applicant’s observations of 28 June 2012.

82 By letter lodged at the Court Registry on 11 February 2013, the applicant amended the form of order sought in order to take account of the December 2012 measures, in so far as they concerned it, including Hamas-Izz al-Din al-Qassem.

83 By documents lodged at the Court Registry on 11 and 13 March 2013, the Commission and the Council, at the Court’s invitation, lodged their observations on the amendment of the form of order sought in order to include the December 2012 measures.

84 By letter of 24 September 2013, the applicant amended the form of order sought in the present action in order to take account of the July 2013 measures, in so far as they concerned Hamas, including Hamas-Izz al-Din al-Qassem.

85 By letter of 4 October 2013, the Court invited the Council, which complied with that request by document of 28 October 2013, to produce certain documents, and put certain questions to the parties with a view to the hearing.

86 By documents lodged at the Court Registry on 28 and 30 October 2013, the Council and the Commission, at the Court’s invitation, lodged their observations on the amendment of the form of order sought in order to include the July 2013 measures.

87 On 28 February 2014, the applicant amended the form of order sought in the present action in order to take account of the February 2014 measures, in so far as they concerned Hamas, including Hamas-Izz al-Din al-Qassem.

88 By documents lodged at the Court Registry on 4 and 5 March 2014, the Commission and the Council, at the Court’s invitation, lodged their observations on the amendment of the form of order sought in order to include the February 2014 measures.

89 On 21 September 2014, the applicant amended the form of order sought in order to take account of the July 2014 measures, in so far as they concerned it, including Hamas-Izz al-Din al-Qassem.

90 By documents lodged at the Court Registry on 23 October and 3 November 2014, the Council and the Commission, at the Court’s invitation, lodged their observations on the amendment of the form of order sought in order to include the July 2014 measures.

91 It is clear from the foregoing considerations that, by the present action, the applicant claimed that the Court should: – annul the July 2010 notice and the July 2010 to July 2014 measures, in so far as they concern it, including Hamas-Izz al-Din al-Qassem; – order the Council to pay the costs.

92 The Council, supported by the Commission, contended that the Court should: – dismiss the action; – order the applicant to pay the costs.

93 By judgment of 17 December 2014, Hamas v Council (T‑400/10, EU:T:2014:1095, ‘the initial judgment’), the Court: – declared the application for annulment of the July 2010 notice inadmissible; – annulled the July 2010 to July 2014 measures, in so far as they concerned the applicant (including Hamas-Izz al-Din al-Qassem); – maintained the effects of the July 2014 measures for three months from delivery of that judgment or, if an appeal were to be lodged within the period prescribed in the first paragraph of Article 56 of the Statute of the Court of Justice of the European Union, until the Court of Justice were to give judgment on that appeal; – ordered the Council, in addition to bearing its own costs, to pay the costs of the applicant, the Commission being ordered to bear its own costs.

94 In order to rule to that effect, the Court upheld the fourth and sixth pleas raised against the July 2011 to July 2014 measures, alleging, respectively, the failure to take sufficient account of the development of the situation owing to the passage of time and a breach of the obligation to state reasons. The Court held, in paragraphs 101 and 125 of the initial judgment, that the list of terrorist acts which the applicant was said to have committed since 2005, set out in the statements of reasons relating to the July 2011 to July 2014 measures, had played a decisive role in the Council’s decision to continue to freeze its funds. In paragraphs 110 and 127 of the initial judgment, the Court held that the reference to any new terrorist act which the Council had inserted in its statement of reasons during a review pursuant to Article 1(6) of Common Position 2001/931 had to be the subject of an examination and a national decision adopted by a competent authority. Having found, inter alia in paragraphs 109 and 131 of the initial judgment, that the Council had based its allegations concerning terrorist acts which the applicant is said to have committed from 2005 onwards not on such decisions but on information which it had obtained from the press and the Internet, the Court annulled the July 2011 to July 2014 measures accordingly.

95 In paragraph 141 of the initial judgment, the Court also annulled the July 2010 and January 2011 measures on the ground that they likewise contained no reference to decisions of competent authorities relating to the facts imputed to the applicant and that they were therefore vitiated by the same breach of the obligation to state reasons.

96 By document lodged at the Registry of the Court of Justice on 20 February 2015, the Council brought an appeal against the initial judgment, which was registered as Case C‑79/15 P.

97 By document lodged at the Registry of the Court of Justice on 11 May 2015, the French Republic applied for leave to intervene in support of the form of order sought by the Council. The Court of Justice granted that leave to intervene.

98 By judgment of 26 July 2017, Council v Hamas (C‑79/15 P, EU:C:2017:584, ‘the judgment on appeal’), the Court of Justice set aside the initial judgment.

99 In the judgment on appeal, the Court of Justice held that: – the General Court had not erred in law in considering that the United States decisions and/or the Home Secretary’s decision did not in themselves constitute a sufficient basis for the July 2010 to July 2014 measures (paragraph 33); – the General Court had erred in law in ruling that the Council had infringed Article 1 of Common Position 2001/931 by relying, in the statements of reasons relating to the July 2010 to July 2014 measures, on material from sources other than national decisions adopted by competent authorities (paragraph 50); – accordingly, the General Court had erred in law in its finding that the Council had infringed the obligation to state reasons (paragraph 53).

100 Since the General Court had ruled only on the fourth and sixth pleas in law in the application made by the applicant for annulment of the July 2011 to July 2014 measures, and since the other pleas in law relied on before the General Court raised, in part, questions relating to the assessment of facts, the Court of Justice, in the judgment on appeal, referred the case back to the General Court and reserved the costs (paragraph 56).

III. Procedure and forms of order sought following the referral back

101 The case referred back to the General Court was registered under number T‑400/10 RENV at the Court Registry and was, on 27 September 2017, assigned to the First Chamber.

102 By documents lodged at the Court Registry on 3 September, and on 4 and 5 October 2017 respectively, the applicant, the Council and the Commission submitted their observations on the remainder of the procedure, in accordance with Article 217(1) of the Rules of Procedure of the General Court.

103 In its observations, the applicant claims that the Court should: – annul the July 2010 to July 2014 measures, in so far as they concern it, ‘including Hamas-Izz al-Din al-Qassem’; – order the Council to pay all the costs, including those incurred in connection with the proceedings before the Court of Justice.

104 In their observations, the Commission and the Council contend that the Court should: – dismiss the action as manifestly unfounded; – order the applicant to pay the costs.

105 By separate document lodged at the Registry on 3 October 2017, the applicant, on the basis of Article 86 of the Rules of Procedure, lodged a statement for the modification of the application designed to take account of the August 2017 measures.

106 By documents lodged at the Court Registry on 27 October and 23 November 2017, the Council and the Commission, at the Court’s invitation, lodged their observations on the statement of modification of 3 October 2017.

107 The Council, supported by the Commission, submits that the Court should: – reject the statement of modification as manifestly inadmissible; – in the alternative, reject it as unfounded; – order the applicant to pay the costs incurred by the Council at first instance, in the appeal and in the present proceedings following referral back.

108 On 27 March 2018, the General Court (First Chamber), in accordance with Article 89 of the Rules of Procedure, put written questions to the main parties and invited them to produce certain documents. The parties complied with those requests within the period prescribed.

109 On 15 May 2018, the Court allowed the applicant to submit its observations on the responses given by the Council. The applicant replied within the period prescribed.

110 On the proposal of the First Chamber, the Court decided, in accordance with Article 28 of the Rules of Procedure, to refer the case to the First Chamber in Extended Composition.

111 The parties presented oral argument and answered the questions put to them by the Court at the hearing on 11 July 2018.

IV. Law

A. Preliminary remarks concerning the subject matter of the action and the scope and admissibility of the applicant’s observations of 28 June 2012

1. The requests to amend the form of order sought in the action in respect of the July 2010 to July 2014 measures

112 As is apparent from the statement of facts, the July 2010 measures were repealed and replaced, successively, by the January, July and December 2011, June and December 2012, July 2013 and then the February and July 2014 measures.

113 The applicant successively modified the initial form of order sought in such a way that its action seeks the annulment of those various measures.

114 In addition, it expressly maintained its claims seeking annulment of the repealed measures.

115 Under Article 86(1) of the Rules of Procedure, where a measure the annulment of which is sought is replaced or amended by another measure with the same subject matter, the applicant may, before the oral part of the procedure is closed, modify the application in order to take account of that new factor. In accordance with Article 86(2) of the Rules of Procedure, that request must be made within the time limit laid down in the sixth paragraph of Article 263 TFEU.

116 In the present case, the requests to modify the application referred to in paragraph 112 above concern measures which repeal and replace measures the annulment of which had previously been sought in the context of the action. Moreover, those requests were made before the date on which the oral part of the procedure before referral back closed, 20 November 2014, and within the time limit laid down in the sixth paragraph of Article 263 TFEU. The requests to modify the application are therefore admissible.

117 In accordance with settled case-law in the field of actions brought against successive fund-freezing measures, and contrary to what the Commission asserts in its statement in intervention with regard to the July 2010 measures, an applicant retains an interest in securing annulment of a decision imposing restrictive measures which has been repealed and replaced by a subsequent decision, in so far as the repeal of an act of an institution does not constitute recognition of the unlawfulness of that act and has only prospective effect, unlike a judgment annulling an act, by which the annulled act is eliminated retroactively from the legal order and is deemed never to have existed (judgment of 12 December 2006, Organisation des Modjahedines du peuple d’Iran v Council, T‑228/02, EU:T:2006:384, paragraph 35; see, also, judgments of 23 October 2008, People’s Mojahedin Organization of Iran v Council, T‑256/07, EU:T:2008:461, paragraphs 45 to 48 and the case-law cited, and of 30 September 2009, Sison v Council, T‑341/07, EU:T:2009:372, paragraphs 47 and 48 and the case-law cited).

118 Consequently, the applicant retains an interest in bringing proceedings against the July 2010 to July 2014 measures, even though these have been repealed and replaced in the course of the proceedings.

119 The present action is therefore admissible in so far as it concerns the July 2010 to July 2014 measures.

2. The admissibility of the application for annulment directed against the July 2010 notice

120 The Council, supported by the Commission, contends that the application for annulment of the July 2010 notice is inadmissible since that notice does no more than invite persons and entities to exercise their rights without affecting their legal situation. It is therefore not, in their view, a challengeable act for the purposes of Article 263 TFEU, as interpreted by the case-law.

121 In accordance with the first paragraph of Article 263 TFEU, acts against which an action may be brought are acts ‘intended to produce legal effects vis-à-vis third parties’.

122 According to settled case-law, only measures the legal effects of which are binding on, and capable of affecting the interests of, the applicant by bringing about a distinct change in its legal position are acts or decisions which may be the subject of an action for annulment (see order of 14 May 2012, Sepracor Pharmaceuticals v Commission, C‑477/11 P, not published, EU:C:2012:292, paragraphs 50 and 51 and the case-law cited).

123 In the present case, the applicant’s name was maintained on the July 2010 lists at issue by the July 2010 measures.

124 As is clear from paragraph 11 above, the sole purpose of the July 2010 notice, published in the Official Journal on the day following the adoption of the July 2010 measures, was to inform the persons and entities whose funds remained frozen pursuant to those measures of the possibilities provided to them to ask the competent national authorities to authorise use of the frozen funds for certain needs, to ask the Council to state the reasons for maintaining their name on the July 2010 lists at issue, to ask that institution to review its decision to maintain them on that list and, lastly, to bring an action before the Courts of the European Union.

125 In those circumstances, the 2010 notice did not produce legal effects which were binding on, and capable of affecting the interests of, the applicant by bringing about a distinct change in its legal position.

126 The action must therefore be declared inadmissible in so far as it concerns the 2010 notice.

3. The scope and admissibility of the applicant’s observations of 28 June 2012

127 On 28 June 2012, the applicant, in response to an invitation by the Court, lodged its observations on the observations of the Council and the Commission of 3 April 2012 relating to the supplementary pleading.

128 As the applicant had entitled its observations ‘Reply’, the Council, in its observations of 6 September 2012, raised the objection that the applicant could not be authorised to lodge a reply covering the entire case, as initially brought by the lodging of the application and in respect of which it had not lodged a reply within the period prescribed.

129 The Council took the view that the exchanges of pleadings relating to the substance of the case ought to have come to an end when the applicant lodged the supplementary pleading and the Council lodged its observations on that pleading.

130 It should be observed that the applicant’s observations of 28 June 2012, lodged at the Court’s invitation, cannot indeed constitute a reply, within the meaning of Article 83(1) of the Rules of Procedure of the General Court, in the present case.

131 As is clear from paragraphs 67 to 70 above, the applicant did not, in the present case, lodge a reply within the prescribed period and the application for an extension of the time limit for lodging a reply, which the Court inferred from the applicant’s letter of 27 July 2011, was rejected.

132 The fact, however, remains that, although the observations of 28 June 2012 cannot be taken into consideration in the present action in so far as they seek annulment of the July 2010 and January 2011 measures (see, in the latter regard, paragraph 73 above), they are admissible in the context of the application for annulment of the July 2011 measures (introduced by the lodging of the supplementary pleading), in so far as they respond to the Council’s observations on the new pleas in the supplementary pleading directed against the July 2011 measures, and also in the context of the applications for annulment of the Council’s subsequent measures.

133 Furthermore, it is precisely because the Court considered it necessary to allow the applicant to respond, in that context, to the Council’s observations of 3 April 2012 on the supplementary pleading that it invited the applicant to submit observations.

134 Lastly, it follows from the actual wording of paragraph 1 of the observations of 28 June 2012 that they seek only to respond to the Council’s observations of 3 April 2012 on the supplementary pleading.

135 In the light of that explanation as to the scope of the observations of 28 June 2012, the Council’s objections to the admissibility of those observations must be rejected.

4. The application to modify the form of order sought in the action in respect of the August 2017 measures

136 By a statement of modification dated 3 October 2017, the applicant requested that the action be extended to the August 2017 measures.

137 In its observations on that statement, the Council submitted that that request was inadmissible on the ground, first, that, contrary to the provision made in Article 86(1) of the Rules of Procedure, to which Article 218 of those rules referred, the application was modified after the oral part of the procedure had closed, on 21 November 2014, and, secondly, that the August 2017 measures did not replace the measures contested in the present case.

138 At the hearing, the Council stated that, with regard to that plea of inadmissibility, it deferred to the assessment of the Court.

139 In any event, it should be noted that, being a matter of public policy, the General Court may examine the admissibility of actions of its own motion (see, to that effect, judgment of 22 February 2006, Standertskjöld-Nordenstam and Heyraud v Commission, T‑437/04 and T‑441/04, EU:T:2006:62, paragraph 28 and the case-law cited).

140 In accordance with Article 218 of the Rules of Procedure, where the Court of Justice sets aside a judgment of the General Court and refers the case back to the General Court, the procedure before the General Court, which is seized of the case by the decision so referring it, is to be conducted, subject to the provisions of Article 217 of those rules, in accordance with the provisions of Title III or of Title IV of those rules, as the case may be.

141 Since Title IV of the Rules of Procedure concerns proceedings relating to intellectual-property rights, reference in the present case should be made to Title III of the Rules of Procedure. In Title III of the Rules of Procedure, Article 86(1) sets out two conditions which must be satisfied in order for a request seeking to modify the application to be admissible. First, the modification of the application must have been requested before the oral part of the procedure was closed. Secondly, the measures covered by the request for modification must replace and amend one or several measures the annulment of which has been sought previously.

142 Without it being necessary to rule on the first condition, it should be noted that the second condition has not been satisfied in the present case. The measures repealed by the August 2017 measures were not covered by the request or by the statements of modification lodged previously.

143 The applicant submits that a different conclusion should be drawn on the basis of the judgment of 28 January 2016, Klyuyev v Council (T‑341/14, EU:T:2016:47, paragraph 33), in which the Court granted a request for modification submitted in a similar situation.

144 In that regard, it should be noted that the judgment cited by the applicant is irrelevant on this point since, in that case, unlike the present case, the second condition laid down in Article 86 of the Rules of Procedure was satisfied as the measures covered by the statement of modification amended measures which had indeed been contested in the document initiating the proceedings.

145 It is clear from those factors that the request to modify the application made by the applicant on 3 October 2017 must be rejected as inadmissible.

B. The application for annulment of the July 2010 measures

146 In support of its application for annulment of the July 2010 measures, the applicant puts forward, in the application, four pleas in law, alleging, first, a manifest error of assessment, secondly, an infringement of the rights of the defence, thirdly, an infringement of the right to property and, fourthly, an infringement of the obligation to state reasons.

1. The first plea in law, alleging a manifest error of assessment as regards whether the fund-freezing measures apply to the applicant

147 In its first plea, the applicant submits that, like States and legitimate governments, it is exempt, as a matter of principle, from the possibility of being included on fund-freezing lists.

148 In that regard, the applicant points out that it has obtained its legitimacy from the ballot box, that it constitutes a political party which is currently in power and that, in 2007, it participated in a government of national unity, those three factors implying that it too must benefit from the exemption recognised in respect of States and legitimate governments.

149 The Council, supported by the Commission, takes issue with the merits of that plea.

150 It should be noted that, according to Article 1(1) of Common Position 2001/931, the measures taken concerning the freezing of funds apply to persons, groups and entities involved in terrorist acts.

151 According to Article 1(3) of Common Position 2001/931, the term ‘terrorist act’ is to mean an intentional act which, given its nature or its context, may seriously damage a country or an international organisation, as defined as an offence under national law, where committed with the aim of seriously intimidating a population, or unduly compelling a government or an international organisation to perform or abstain from performing any act, or of seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a country or an international organisation.

152 Among the acts which are deemed to have been committed with the aim of seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a country or an international organisation, Article 1(3) of Common Position 2001/931 mentions, inter alia, attacks upon a person’s life which may cause death, attacks upon the physical integrity of a person, kidnapping or hostage taking, as well as the manufacture, possession, acquisition, transport, supply or use of weapons.

153 It follows from those provisions that, according to Common Position 2001/931, the relevant factor in determining whether the rules contained therein should be applied to a person or entity is connected to the acts that they perform and not to the nature of that person or that entity.

154 In those circumstances, the factors mentioned by the applicant, namely the holding of power following elections, the political nature of the organisation or the participation in a government, cannot be regarded as allowing exemption from the application of the rules contained in Common Position 2001/931.

155 In any event, even on the assumption that the applicant’s argument that the fund-freezing measures provided for by Common Position 2001/931 may not be applied to States or to legitimate governments is well founded, the applicant is not in a position which enables it to claim that that alleged exception applies.

156 The applicant is not a State within the meaning of international law since that concept is used, in that area of law, to designate territorial entities and not organisations of the kind which it has created.

157 As regards legitimate-government status, this provides governments, where appropriate, with some protection; however, this cannot be extended to groups and organisations to which some of their members are delegated, as the applicant claims to be (see, by analogy, judgment of 16 October 2014, LTTE v Council, T‑208/11 and T‑508/11, EU:T:2014:885, paragraph 69 and the case-law cited).

158 In those circumstances, the first plea in law must be rejected as being unfounded.

2. The second plea in law, alleging infringement of the rights of the defence

159 By its second plea, the applicant submits that the Council infringed the principle of respect for the rights of the defence by failing to communicate to it, before adopting the July 2010 measures, the evidence that had been used against it, and by not allowing it to be heard, in accordance with Article 6(3) of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950 (‘the ECHR’), and with Article 41(2)(a) of the Charter of Fundamental Rights of the European Union.

160 The Council, supported by the Commission, disputes the merits of the plea.

161 In that regard, it should be noted that, according to the case-law, a distinction must be drawn between, on the one hand, the inclusion of the name of a person or entity on a fund-freezing list and, on the other, maintaining that listing, in order to determine the obligations required by the principle of respect for the rights of the defence.

162 When it includes, for the first time, the name of a person or entity on a list referred to in Article 2(3) of Regulation No 2580/2001, the Council is not obliged to inform that person or entity beforehand of the grounds on which it intends to rely (see, to that effect, judgment of 21 December 2011, France v People’s Mojahedin Organization of Iran, C‑27/09 P, EU:C:2011:853, paragraph 61).

163 That rule is due to the fact that, in order to be effective, such a decision must be able to take advantage of a surprise effect (see, to that effect, judgment of 21 December 2011, France v People’s Mojahedin Organization of Iran, C‑27/09 P, EU:C:2011:853, paragraph 61).

164 Thus, in the context of a first listing, it is, in principle, sufficient to communicate to the person or entity referred to the reasons for the decision at the same time as, or immediately after, that decision is adopted, allowing that person or entity to be heard at that point (see, to that effect, judgment of 21 December 2011, France v People’s Mojahedin Organization of Iran, C‑27/09 P, EU:C:2011:853, paragraph 61).

165 The situation is different in respect of decisions to maintain the inclusion of the name of a person or entity on such a list since, in that case, a surprise effect is no longer necessary.

166 In accordance with the case-law, the obligations differ, in respect of such decisions, depending on whether or not the statement of reasons contains new evidence.

167 Where there is new evidence, the adoption of the measure must be preceded by the disclosure, to the person or entity referred to, of the incriminating evidence, allowing that person or entity to be heard in relation to that evidence (see, to that effect, judgments of 21 December 2011, France v People’s Mojahedin Organization of Iran, C‑27/09 P, EU:C:2011:853, paragraph 63, and of 28 July 2016, Tomana and Others v Council and Commission, C‑330/15 P, not published, EU:C:2016:601, paragraph 67).

168 By contrast, that obligation does not apply in the absence of such evidence (see, to that effect, judgments of 13 September 2013, Makhlouf v Council, T‑383/11, EU:T:2013:431, paragraphs 43 and 44, and of 18 September 2017, Uganda Commercial Impex v Council, T‑107/15 and T‑347/15, not published, EU:T:2017:628, paragraph 97), since the person or entity referred to is deemed to have been informed of the earlier reasons and to have had the opportunity to submit its observations.

169 In the present case, it appears that the July 2010 measures come into the latter category since the reasons underpinning those measures are no different from those mentioned in the statement of reasons relating to the measures adopted on 22 December 2009, namely Council Decision 2009/1004/CFSP updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931 (OJ 2009 L 346, p. 58) and Council Implementing Regulation (EU) No 1285/2009 implementing Article 2(3) of Regulation (EC) No 2580/2001 and repealing Regulation (EC) No 501/2009 (OJ 2009 L 346, p. 39), which was made available to the applicant by the notice concerning Implementing Regulation No 1285/2009, published in the Official Journal of 23 December 2009 (OJ 2009 C 315, p. 11, ‘the December 2009 notice’).

170 With regard to the December 2009 notice, it is important to note that publication in the Official Journal of the operative part of the decision and a general statement of reasons has been held to be sufficient, having regard to the fact that a detailed publication of the complaints put forward against the persons and entities concerned might conflict with overriding considerations of public interest, but might also jeopardise their legitimate interests, it being understood, however, that the actual, specific statement of reasons for that decision must, moreover, be formalised and brought to the knowledge of the parties concerned by any other appropriate means (see, to that effect, judgment of 12 December 2006, Organisation des Modjahedines du peuple d’Iran v Council, T‑228/02, EU:T:2006:384, paragraph 147).

171 In the case of restrictive measures, those other means must in principle consist in an individual notification since such measures are such as to affect significantly the persons or entities concerned and may restrict the exercise of their fundamental rights (see, to that effect, judgment of 14 October 2009, Bank Melli Iran v Council, T‑390/08, EU:T:2009:401, paragraph 86).

172 In that regard, the Council submits that it was unable to send an individual notification as it could not identify an address to which a letter could have been sent to the applicant. Moreover, the applicant had never given the Council a contact address and had never asked it to explain why its name had been included on the fund-freezing lists.

173 In that regard, the applicant’s lawyer stated, at the hearing, in response to questions put to her by the Court, that she could not inform the Council of that address since, for security reasons, she did not have it herself.

174 For its part, the Commission noted that, even for the proceedings brought before the Court, the applicant had not provided an actual address.

175 In that regard, it should be noted that the obligation to notify a specific and precise statement of reasons individually to the persons and entities against whom restrictive measures are adopted is essentially intended to supplement the publication of a notice in the Official Journal, the latter informing the persons or entities concerned that restrictive measures have been adopted against them and inviting them to request that the statement of reasons for those measures be communicated by providing the exact address to which that request may be sent. Therefore, notifying the persons and entities concerned individually is not the only mechanism used in order to inform them of the measures taken against them.

176 Moreover, it is clear from the case-law that the obligation to notify individually the statement of reasons for the restrictive measures does not apply in all cases, but only where it is possible (see, to that effect, judgment of 16 July 2014, Hassan v Council, T‑572/11, EU:T:2014:682, paragraph 37).

177 In the present case, however, it appears that, even in the present proceedings, the applicant’s address is still unknown since the only information that the applicant has provided to the Court is limited to the name of a city and a country and, in addition, those details have changed twice since the application was lodged (Beirut in Lebanon, then Damascus in Syria, and finally Doha in Qatar).

178 Furthermore, at the hearing, the applicant stated that since the European Union has a network of representatives abroad, the Council had the means to identify the address to which an individual notification could have been made and that it was up to that institution, and not up to the applicant, to take initiatives in that respect since the measures adopted in the July 2010 measures were capable of producing negative effects for the applicant.

179 In that regard, it should be noted that the obligation imposed on the institutions, within the limits noted in paragraph 176 above, of individual notification cannot have the effect of exempting the applicant from every procedure enabling it to find out about its legal position and, in particular, to identify the complaints which have been raised against it. As is clear from paragraphs 4 and 5 above, the applicant’s name has been included on the fund-freezing lists since December 2001. Given that discussions had taken place within the Council with regard to the retention of its name on those lists, the applicant had the option to make the necessary approaches to that institution in order to obtain specific and precise information concerning the reasons justifying the measures to which it was subject, by designating, where appropriate, a lawyer to represent it, which it did so, moreover, in the proceedings which it has brought before the General Court and to defend it in an appeal before the Court of Justice. As it did not make use of that option, the applicant cannot rely, as against the Council, on the consequences of its own inaction.

180 The Council was therefore able, without infringing the principle of respect for the rights of the defence, to combine the publication of the December 2009 measures in the Official Journal with the publication of a notice inviting the applicant to request from it the statement of reasons relating to those measures, without individually notifying it, since, in the circumstances of the present case, such a notification did not appear to be possible.

181 In those circumstances, the second plea in law must be rejected as being unfounded.

3. The third plea in law, alleging infringement of the right to property

182 In its third plea, the applicant submits that the freezing of funds by the July 2010 measures infringes the right to property guaranteed by Article 17 of the Charter of Fundamental Rights and by Article 1 of Protocol No 1 to the ECHR. It refers, in that regard, to the judgments of 3 September 2008, Kadi and Al Barakaat International Foundation v Council and Commission (C‑402/05 P and C‑415/05 P, EU:C:2008:461), and of 11 June 2009, Othman v Council and Commission (T‑318/01, EU:T:2009:187).

183 The Council disputes the merits of this plea and is supported on this point by the Commission.

184 In this regard, it should be recalled that fundamental rights, including the right to property, do not enjoy absolute protection under EU law. The exercise of those rights may be restricted, provided, first, that those restrictions are duly justified by objectives of public interest pursued by the European Union and, secondly, that they do not constitute, in relation to those objectives, a disproportionate and intolerable interference, impairing their substance (see, to that effect, judgment of 15 November 2012, Al-Aqsa v Council and Netherlands v Al-Aqsa, C‑539/10 P and C‑550/10 P, EU:C:2012:711, paragraph 121 and the case-law cited).

185 As regards the first condition, it should be recalled that the freezing of the funds, financial assets and other economic resources of the persons and entities identified in accordance with the rules laid down in Regulation No 2580/2001 and by Common Position 2001/931 as being involved in the financing of terrorism pursues an objective of general interest since it forms part of the fight against the threats to international peace and security posed by acts of terrorism (see, to that effect, judgment of 15 November 2012, Al-Aqsa v Council and Netherlands v Al-Aqsa, C‑539/10 P and C‑550/10 P, EU:C:2012:711, paragraph 123 and the case-law cited).

186 With regard to the second condition, it should be noted that the measures establishing the freezing of funds and, in particular, maintaining the applicant’s name on the July 2010 lists at issue do not appear to be disproportionate, intolerable or to impair the substance of the fundamental rights or of some of them.

187 That type of measure is necessary in a democratic society in order to combat terrorism (see, to that effect, judgment of 23 October 2008, People’s Mojahedin Organization of Iran v Council, T‑256/07, EU:T:2008:461, paragraph 129 and the case-law cited).

188 Furthermore, the measures establishing the freezing of funds are not absolute, but provide for the possibility, first, to authorise the use of frozen funds in order to meet essential needs or to satisfy certain commitments and, secondly, to grant specific authorisation, under certain specific conditions, to unfreeze funds, other financial assets or other economic resources (see judgment of 15 November 2012, Al-Aqsa v Council and Netherlands v Al-Aqsa, C‑539/10 P and C‑550/10 P, EU:C:2012:711, paragraph 127 and the case-law cited).

189 In addition, the maintenance of the names of persons and entities on the fund-freezing lists is subject to periodic review so as to ensure that those who no longer meet the necessary criteria for inclusion are removed (judgment of 15 November 2012, Al-Aqsa v Council and Netherlands v Al-Aqsa, C‑539/10 P and C‑550/10 P, EU:C:2012:711, paragraph 129).

190 Those factors are not affected by the case-law developed in the judgments cited by the applicant.

191 In those judgments, the Court of Justice found that an unjustified restriction had taken place on the ground that the restrictive measures had been decided on by the United Nations Security Council against the applicant without the latter having had the benefit of the procedural safeguards enabling it to submit its observations before the UN authorities responsible for their adoption or, within the European Union, before the Council, which had implemented those measures in the territory of the Member States.

192 Such a situation is different from that in the present case, in which the July 2010 measures do not concern an initial listing and are not based on a United Nations Security Council resolution and in which, as a result of the publication of the December 2009 notice, the applicant had the opportunity to submit its observations on the evidence used against it (see paragraphs 170 to 180 above).

193 In those circumstances, the third plea in law must be rejected as being unfounded.

4. The fourth plea in law, alleging infringement of the obligation to state reasons

194 By its fourth plea, the applicant accuses the Council of having failed to include, in the July 2010 measures as published in the Official Journal, the reasons for maintaining its name on the July 2010 lists at issue.

195 The Council, supported by the Commission, disputes the merits of that plea.

196 In that regard, it should be pointed out that, on 13 July 2010, the Council published in the Official Journal, first, the operative part of and the general reasons for the July 2010 measures and, secondly, the July 2010 notice inviting the persons and entities concerned to request from it the statement of reasons relating to those measures.

197 As stated in paragraph 170 above, it has already been held that, in the case of restrictive measures, the Council was able, without infringing the obligation to state reasons and the principle of respect for the rights of the defence, to limit the publication in the Official Journal of the acts containing restrictive measures to the operative part and to a general statement of reasons, since the actual, specific statement of reasons had to be formalised and brought to the knowledge of the parties concerned by any other appropriate means.

198 In those circumstances, contrary to the applicant’s submissions, the Council was not required to include in the July 2010 measures, as published in the Official Journal, the actual and specific reasons for their adoption.

199 The applicant submits, however, that the statement of reasons concerning the July 2010 measures should have been notified to it and should not have been the subject of a notice published in the Official Journal. It also notes that, as that notice did not expressly mention it, it was difficult for the applicant to access it. Finally, it claims that that notice reduced to two months the period in which the statement of reasons for the July 2010 measures could have been requested from the Council, which, in its view, was not a reasonable period of time.

200 In that regard, it should be recalled that, as is clear from paragraphs 176 to 180 above, since the Council did not have the applicant’s exact address, it was prevented from individually notifying the applicant of the statement of reasons for the July 2010 measures and was for that reason able to limit itself to publication of the July 2010 notice.

201 Moreover, the fact that the July 2010 notice did not expressly cite the names of the persons and entities whom it concerned cannot be regarded, in itself, as an infringement of the obligation to state reasons since that notice referred to the July 2010 regulation in which those names were mentioned.

202 Finally, it is incorrect that, according to the July 2010 notice, the request to obtain the statement of reasons for the measures concerned had to be made within two months of its publication. Contrary to what the applicant claims, the July 2010 notice did not limit to two months the period in which the statement of reasons for the July 2010 measures could have been requested, but specified only that the Council would review regularly the fund-freezing lists in accordance with Article 1(6) of Common Position 2001/931 and that, if the persons and entities concerned made a request for reconsideration of the decision and wished that that request be considered at the next review, that request had to be submitted to the Council within two months from the date of publication of that notice.

203 In the light of the foregoing considerations, it must be held that the Council complied with the obligation to state reasons and that the fourth plea in law must therefore be rejected as being unfounded.

5. Conclusion

204 In the light of the foregoing considerations, the action must be dismissed in so far as it concerns the July 2010 measures.

C. The application for annulment of the January 2011 measures

205 It is clear from paragraph 73 above that, in support of the application for annulment of the January 2011 measures, the applicant puts forward the same pleas for annulment as those raised against the July 2010 measures.

1. The first plea in law, alleging a manifest error of assessment

206 Since the first plea is the same as that invoked against the July 2010 measures and the assessment of that plea is not dependent on the specific circumstances in which those measures were adopted, it must be rejected for the same reasons as those set out in paragraphs 150 to 157 above.

207 The first plea in law is therefore rejected.

2. The second plea in law, alleging infringement of the principle of respect for the rights of the defence

208 In this second plea, the applicant takes the view that the principle of respect for the rights of the defence has been infringed on the ground that the evidence used against it, in order to form the basis of the January 2011 measures, was not communicated to it before those measures were adopted.

209 The Council, supported by the Commission, takes issue with the merits of that plea.

210 In the present case, it must be pointed out that, prior to the adoption of the January 2011 measures, the Council published in the Official Journal of 20 November 2010 a notice informing the persons and entities concerned by Implementing Regulation No 610/2010 that, as a result of new information, it had amended the statement of reasons concerning that regulation and inviting those persons and entities to request from it that statement of reasons (see paragraph 13 above).

211 In paragraphs 176 to 180 above, it has been held that the failure to notify the applicant individually of the statement of reasons concerning Implementing Regulation No 1285/2009 could not, due to the circumstances of the case, be regarded as an infringement of the principle of respect for the rights of the defence. The same must also apply in respect of the statement of reasons concerning the January 2011 measures.

212 The applicant states that, by the letter dated 10 December 2010 referred to in paragraph 14 above, the Council sent to the applicant’s lawyer the statement of reasons which led it to consider maintaining the applicant’s name on the January 2011 lists at issue. The applicant takes the view that such a letter should have been sent to it and not to its lawyer, who had not been given a mandate authorising her to receive such letters.

213 When questioned on this matter at the hearing, the Council acknowledged that it had sent that letter to the applicant’s lawyer for the purpose of informing the applicant, without there being any need to regard that letter as an individual notification.

214 In that regard, it should be noted that, according to the case-law recalled in paragraph 176 above, an individual notification is required only where such a notification is possible, which was not the case here, as stated in paragraphs 177 to 180 above, since there appeared to be no address, or no address had been given to the Council, and the applicant had not come forward to obtain the statement of reasons.

215 That conclusion is not affected by the fact that a letter was addressed to the applicant’s lawyer without the lawyer having been given by the applicant a mandate authorising her to receive it. The absence of a mandate does not contradict, but rather confirms, the finding in the preceding paragraph that the Council had no means by which to notify the applicant individually of the statement of reasons.

216 In those circumstances, the second plea in law must be rejected as being unfounded.

3. The third plea in law, alleging infringement of the right to property

217 Since the plea is the same as that invoked against the July 2010 measures, it must be rejected for the same reasons as those set out in paragraphs 184 to 189 above.

218 With regard to the reference to the judgments of 3 September 2008, Kadi and Al Barakaat International Foundation v Council and Commission (C‑402/05 P and C‑415/05 P, EU:C:2008:461), and of 11 June 2009, Othman v Council and Commission (T‑318/01, EU:T:2009:187), it should be noted that the circumstances of the present case are also different from those which gave rise to those judgments, since, as is clear from paragraphs 210 to 215 above, the statement of reasons for the January 2011 measures was duly made available to the applicant prior to their adoption.

219 The third plea in law must therefore be rejected.

4. The fourth plea in law, alleging infringement of the obligation to state reasons

220 In its fourth plea, the applicant accuses the Council of not having included the explicit reasons for maintaining its name on the January 2011 lists at issue in the January 2011 measures, as published in the Official Journal.

221 In this regard, it was recalled in paragraphs 170 and 197 above that, according to the case-law, it is acceptable, in respect of fund-freezing measures, for the version of the acts containing those measures published in the Official Journal to contain only the operative part and a general statement of reasons, it being understood that the actual, specific statement of reasons for those measures must be brought to the knowledge of the parties concerned by any appropriate means.

222 In paragraph 200 above, it was acknowledged that, in respect of the July 2010 measures, the Council was able, for the reasons set out in paragraphs 176 to 180, to satisfy the requirements stemming from the case-law by bringing the actual, specific statement of reasons for the restrictive measures to the applicant’s knowledge by the publication of a notice in the Official Journal inviting the applicant to request from it that statement of reasons. The same must also apply in respect of the January 2011 measures.

223 For the reason given in paragraph 215 above, the impossibility of making a notification was not affected, in the circumstances of the present case, by the fact that a letter was sent to the applicant’s lawyer without that lawyer having been given a mandate by the applicant to receive communications of that kind.

224 Consequently, the fourth plea in law must be rejected as being unfounded.

5. Conclusion

225 In the light of the foregoing considerations, the action must be dismissed in so far as it concerns the January 2011 measures.

D. The application for annulment of the July 2011 to July 2014 measures

226 In support of the application for annulment of the July 2011 to July 2014 measures, the applicant puts forward, in the supplementary pleading and the statements of modification, eight pleas for annulment, alleging respectively: – infringement of Article 1(4) of Common Position 2001/931; – errors as to the accuracy of the facts; – an error of assessment as to the terrorist nature of the applicant; – failure to take sufficient account of the development of the situation owing to the passage of time; – infringement of the principle of non-interference; – infringement of the obligation to state reasons; – infringement of the principle of respect for the rights of the defence and of the right to effective judicial protection; – infringement of the right to property.

227 First of all, the first plea must be examined, and then the sixth plea and the second plea, in so far as that latter plea alleges infringement of the obligation to state reasons, then the second plea, in so far as it alleges an error as to the accuracy of the facts, and finally the third, fourth, fifth, seventh and eighth pleas.

1. The first plea in law, alleging infringement of Article 1(4) of Common Position 2001/931

228 In the context of the first plea, the applicant, after having commented on the identification of the organisations covered by the decisions of the United Kingdom and United States authorities, criticises the Council on the ground that it infringed Article 1(4) of Common Position 2001/931 by classifying those decisions as decisions taken by competent authorities within the meaning of that provision.

229 The retention of the name of a person or entity on the fund-freezing list is, in essence, an extension of the original listing and presupposes, therefore, that there is an ongoing risk of the person or entity concerned being involved in terrorist activities, as initially established by the Council on the basis of the national decision on which that original listing was based (judgments of 26 July 2017, Council v LTTE, C‑599/14 P, EU:C:2017:583, paragraph 61, and Council v Hamas, C‑79/15 P, EU:C:2017:584, paragraph 39).

230 The plea is therefore effective.

231 In the light of the judgment on appeal, it is necessary, first of all, to determine the organisations covered by the respective decisions of the United Kingdom and United States authorities, and then to examine, in the first place, the criticisms that are specific to the decisions of the United States authorities and, in the second place, the criticisms that are common to the decisions of the United Kingdom and United States authorities.

(a) The identification of the organisations referred to by the decisions of the United Kingdom authorities and those of the United States authorities

232 The applicant notes that, according to the statements of reasons supplied by the Council, the July 2011 to July 2014 measures are based on a decision of the Home Secretary proscribing Hamas-Izz al-Din al-Qassem, the armed wing of Hamas, and on two United States decisions, which refer to Hamas without providing further details.

233 The applicant doubts whether the United States authorities intended to list Hamas in its entirety and expresses the view that the Council, in considering that they did so intend, gave their decisions a broad interpretation which did not follow clearly from the lists published by the authorities of that State.

234 In that regard, it should be noted that the United States decisions explicitly mention Hamas, that designation being supplemented, in the decision designating it as a foreign terrorist organisation, by a dozen or so other names, including ‘Izz al-Din Al-Qassam Brigades’, by which Hamas was also known.

235 That fact cannot be interpreted, contrary to the applicant’s suggestion, as meaning that the United States authorities thereby intended to restrict the designation to ‘Hamas-Izz al-Din al-Qassem’ alone. First of all, those additional names include names that refer to Hamas as a whole, such as ‘Islamic Resistance Movement’, which is the English translation of ‘Harakat Al-Muqawama Al-Islamia’, another name that is included and of which ‘Hamas’ is the acronym. Further, the references to those various names are merely intended to ensure that the measure adopted in respect of Hamas is actually effective, by making it possible for that measure to reach Hamas through all of its known names and branches.

236 It follows from those considerations that the Home Secretary’s decision relates to Hamas-Izz al-Din al-Qassem, whereas the United States decisions relate to Hamas, including Hamas-Izz al-Din al-Qassem.

(b) The criticisms specific to the decisions of the United States authorities

237 According to the applicant, the Council was not entitled to base the July 2011 to July 2014 measures on the decisions of the United States authorities because the United States is a third State and, as a matter of principle, the authorities of such States are not ‘competent authorities’ within the meaning of Article 1(4) of Common Position 2001/931.

238 On that point, the applicant submits, principally, that the system established by Article 1(4) of Common Position 2001/931 is underpinned by confidence in national authorities, a confidence which is based on the principle of sincere cooperation between the Council and the Member States of the European Union, the sharing of common values enshrined in the Treaties, and the fact of being subject to shared rules, including the ECHR and the Charter of Fundamental Rights. It argues that the authorities of third States cannot enjoy that confidence.

239 Alternatively, in the event that it is accepted that the authority of a third State may be a competent authority within the meaning of Article 1(4) of Common Position 2001/931, the applicant submits that it is for the Council to carry out various checks, something which it did not do in the present case.

240 Thus, when it relies on a decision by an authority of a third State, the Council should check whether that authority has respected the rights of the defence and the right to effective judicial protection, the first of those principles meaning that the reasoning for the decision by the authority of a third State is notified to the party concerned as soon as possible and that that party is afforded the opportunity to make known its views on that decision.

241 According to the applicant, the examination of the relevant United States provisions reveals that the national procedure does not meet EU standards. Those provisions, it argues, do not lay down any obligation to notify the decisions adopted, let alone to communicate the statement of reasons, or even to state reasons, while, moreover, the time limits for bringing proceedings are very short. As they are not informed of the reasons for, or even the existence of, decisions taken in their regard, the persons concerned are unable to make their views known or to decide whether to institute proceedings. That was the case with regard to the applicant, which did not receive any notification or information concerning its classification as a foreign terrorist organisation and as an entity expressly identified as an international terrorist entity and was not given an opportunity to assert its rights.

242 Moreover, the United States legislation does not provide for any right of access to the file and the possibilities for an administrative review of the situation of the persons concerned are very limited. Infringement of the rights of the defence in administrative appeals cannot be offset by access to the file in judicial proceedings since the court must rely on the file compiled by the authority, the parties concerned have only a short period within which to adduce evidence and that evidence may be rejected by the authority. Even in judicial proceedings, the right to have access to the file is very partial and the parties concerned may plead infringement of their constitutional rights only if they have a particular connection to the United States.

243 The Council takes issue with that line of argument.

244 In this regard, it must be noted, in respect of the main argument raised by the applicant, that, in the judgment of 26 July 2017, Council v LTTE, (C‑599/14 P, EU:C:2017:583, paragraph 22), the Court of Justice held that the term ‘competent authority’ used in Article 1(4) of Common Position 2001/931 was not limited to the authorities of Member States but was capable, in principle, of also including the authorities of third States.

245 The interpretation adopted by the Court of Justice is justified, first, by the wording of Article 1(4) of Common Position 2001/931, which does not limit the concept of ‘competent authorities’ to the authorities of the Member States, and, secondly, by the objective of that common position, which was adopted in order to implement United Nations Security Council Resolution 1373 (2001), which seeks to intensify the global fight against terrorism through the systematic and close cooperation of all States (judgment of 26 July 2017, Council v LTTE, C‑599/14 P, EU:C:2017:583, paragraph 23).

246 With regard to the argument put forward in the alternative, it must be held that, when the Council acts on the basis of the decision taken by a third State, it must first verify whether that decision was adopted in accordance with the rights of the defence and the right to effective judicial protection and must provide, in the statements of reasons relating to its decisions, the particulars from which it may be concluded that it has carried out that check (see, to that effect, judgment of 26 July 2017, Council v LTTE, C‑599/14 P, EU:C:2017:583, paragraph 31).

247 For that purpose, the Council must, if only briefly, refer in the statement of reasons relating to a decision to freeze funds to the reasons why it considers the decision of the third State on which it intends to rely to have been adopted in accordance with the rights of the defence and the right to effective judicial protection (judgment of 26 July 2017, Council v LTTE, C‑599/14 P, EU:C:2017:583, paragraph 33).

248 In paragraph 36 of the judgment of 26 July 2017, Council v LTTE, (C‑599/14 P, EU:C:2017:583), the Court of Justice assessed, in the light of those rules, the statement of reasons relating to Implementing Regulation No 790/2014, in which the Council, first, had stated that the Indian Government had proscribed the Liberation Tigers of Tamil Eelam (LTTE) in 1992 under the Unlawful Activities Act 1967 and had subsequently included them on the list of terrorist organisations in the schedule to the Unlawful Activities Prevention (Amendment) Act 2004 and, secondly, had mentioned that Sections 36 and 37 of the Unlawful Activities Act 1967 included provisions concerning the review and revision of the Indian list of persons and entities subject to restrictive measures, that the decision proscribing the LTTE as an unlawful association had been periodically reviewed by the Indian Home Affairs Minister, that the last revision had taken place on 14 May 2012, and that, following a revision by the tribunal established under the Unlawful Activities Act 1967, the designation of the LTTE as an entity involved in terrorist acts had been confirmed by