Case T-206/02: Action brought on 2 July 2002 by the Congrès National du Kurdistan against the Council of the European Union
Date: 2002-10-12
Institutions: Court of First Instance
Subjects: common foreign and security policy, international sanctions, restriction of liberty, terrorism

12.10.2002

EN

Official Journal of the European Communities

C 247/13

COURT OF FIRST INSTANCE

Action brought on 2 July 2002 by the Congrès National
du Kurdistan against the Council of the European Union

(Case T-206/02)

(2002/C 247/22)

(Language of the case: French)

An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 2 July 2002 by the Congrès National
du Kurdistan (Kurdistan National Congress), established in
Brussels, represented by Jérôme Boisseau, Lawyer.

The applicant claims that the Court should:

— hold that Council Decision 2002/334/EC of 2 May
2002 (1) adversely affects the applicant’s reputation, name
and credibility;

— find that the contested decision proceeds from a substan-
tive error in that it refers to the PKK in the list of legal
persons covered by the Community measures to combat
terrorism;

— declare that the contested decision is manifestly vitiated
by an error of assessment in that it denies a political party
the means of expressing itself freely;

— for all

those reasons, partially annul

the contested

decision;

— order the Council to pay a sum of EUR 10 000 in respect
of irrecoverable expenditure incurred by the applicant.

is composed. Moreover,
the contested decision, which is
tantamount to a penalty, was enacted without the slightest
statement of reasons, thereby infringing essential procedural
requirements.

that

the applicant contends

the contested
Furthermore,
decision is founded on a substantive factual error in so far as
the PKK dissolved itself before the contested decision was
adopted and since 1999 at least has been advocating non-
violent action. The decision is also vitiated by a manifest error
of assessment inasmuch as it seriously prejudices the freedom
of expression guaranteed by the European Convention for
Human Rights.

(1) Council Decision 2002/334/EC of 2 May 2002 implementing
Article 2(3) of Regulation (EC) No 2580/2001 on specific
restrictive measures directed against certain persons and entities
with a view to combating terrorism and repealing Decision 2001/
927/EC (OJ 2002 L 116, p. 33).

(2) OJ 2002 L 344, p. 70.

Action brought on 15 July 2002 by Santiago Gómez-
Reino against the Commission of the European Com-
munities

(Case T-215/02)

(2002/C 247/23)

(Language of the case: French)

Pleas in law and main arguments

The applicant seeks the annulment of Council Decision 2002/
334/EC of 2 May 2002. That decision refers to the PKK (the
Kurdistan Workers’ Party)
in the updated list of persons,
groups and entities to which Council Regulation (EC) No 2580/
2001 of 27 December 2001 on specific restrictive measures
directed against certain persons and entities with a view to
combating terrorism (2) is applicable.

The applicant contends that that reference adversely affects the
reputation and credibility of the action engaged in by it and
numerous independent associations and persons of which it

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 15 July 2002 by Santiago Gómez-
Reino, resident in Brussels, represented by Marc-Albert Lucas,
Lawyer.

The applicant claims that the Court should:

— find that the European Anti-Fraud Office acted unlawfully
by not notifying him of a decision to open investigations
concerning him individually, not
informing him of
investigations liable to implicate him and not enabling
him to express his views on all the facts concerning him
before conclusions referring to him personally were
drawn from the investigations;