Case C-354/04 P: Judgment of the Court (Grand Chamber) of 27 February 2007 — Gestoras Pro Amnistía, Juan Mari Olano Olano, Julen Zelarain Errasti v Council of the European Union, Kingdom of Spain, United Kingdom of Great Britain and Northern Ireland (Appeal — European Union — Police and judicial cooperation in criminal matters — Common Positions 2001/931/CFSP, 2002/340/CFSP and 2002/462/CFSP — Measures concerning persons, groups and entities involved in terrorist acts — Action for damages — Jurisdiction of the Court of Justice)
Date: 2007-04-28
Institutions: Court of Justice
Subjects: Council of the European Union, action for annulment (EU), appeal, association, damage, fight against crime, rights of the defence, terrorism

C 95/4

EN

Official Journal of the European Union

28.4.2007

Judgment of the Court (Grand Chamber) of 27 February
2007 — Gestoras Pro Amnistía, Juan Mari Olano Olano,
Julen Zelarain Errasti v Council of the European Union,
Kingdom of Spain, United Kingdom of Great Britain and
Northern Ireland

Judgment of the Court (Grand Chamber) of 27 February
2007 — Segi, Araitz Zubimendi Izaga, Aritza Galagara v
the European Union, Kingdom of Spain,
Council of

Kingdom of Great Britain and Northern Ireland

(Case C-354/04 P) (1)

(Case C-355/04 P) (1)

(Appeal — European Union — Police and judicial cooperation
in criminal matters — Common Positions 2001/931/CFSP,
2002/340/CFSP and 2002/462/CFSP — Measures concerning
persons, groups and entities involved in terrorist acts —
Action for damages — Jurisdiction of the Court of Justice)

(Appeal — European Union — Police and judicial cooperation
in criminal matters — Common Positions 2001/931/CFSP,
2002/340/CFSP and 2002/462/CFSP — Measures concerning
persons, groups and entities involved in terrorist acts — Juris-
diction of the Court of Justice)

(2007/C 95/05)

Language of the case: French

(2007/C 95/06)

Language of the case: French

Parties

Parties

Appellants: Gestoras Pro Amnistía,
Julen Zelarain Errasti, (represented by: D. Rouget, avocat)

Juan Mari Olano Olano,

Appellants: Segi, Araitz Zubimendi Izaga, Aritza Galagara (repre-
sented by: D. Rouget, avocat)

Other parties to the proceedings: Council of the European Union
(represented by: E. Finnegan and M. Bauer, Agents), Kingdom of
Spain, United Kingdom of Great Britain and Northern Ireland.

Other parties to the proceedings: Council of the European Union
(represented by: E. Finnegan and M. Bauer, Agents) Kingdom of
Spain, United Kingdom of Great Britain and Northern Ireland.

Re:

Re:

Appeal brought against the order of the Second Chamber of the
Court of First
Instance of 7 June 2004 in Case T-332/02
Gestoras Pro Amnistía and Others v Council of the European Union
[2004], not published in the ECR, dismissing the applicants'
action seeking damages in respect of the loss allegedly suffered
by the applicants as a result of the inclusion of Gestoras Pro
Amnistía in the list drawn up under the legislation on the fight
against terrorism.

Appeal brought against the order of the Second Chamber of the
Court of First Instance of 7 June 2004, in case T-338/02 SEGI
and Others v Council of the European Union [2004] ECR U-1647,
dismissing the applicant's action seeking damages in respect of
the loss allegedly suffered by the applicants as a result of the
inclusion of SEGI in the list drawn up under the legislation on
the fight against terrorism.

Operative part of the judgment

Operative part of the judgment

The Court:

1. Dismisses the appeal;

The Court:

1. Dismisses the appeal.

2. Orders Gestoras Pro-Amnistía, Mr. Olano Olano and Mr. Zelarain

Errasti to pay the costs.

2. Orders Segi, Ms Zubimendi Izaga and Mr Galarraga to pay the

costs.

3. Orders the Kingdom of Spain to bear its own costs.

3. Orders the Kingdom of Spain to bear its own costs.

(1) OJ C 251, 9.10.2004.

(1) OJ C 251, 9.10.2004.