Case T-229/02: Judgment of the Court of First Instance of 3 April 2008 — PKK v Council (Common foreign and security policy — Restrictive measures directed against certain persons and entities with a view to combating terrorism — Freezing of funds — Action for annulment — Statement of reasons)
Date: 2008-04-03
Institutions: Court of First Instance
Subjects: action for annulment (EU), administrative sanction, international sanctions, terrorism

7.6.2008

EN

Official Journal of the European Union

C 142/23

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 3 April 2008 —
PKK v Council

3. Orders the United Kingdom of Great Britain and Northern Ireland
and the Commission of the European Communities to pay their
own costs.

(Case T-229/02) (1)

(Common foreign and security policy — Restrictive measures
directed against certain persons and entities with a view to
combating terrorism — Freezing of funds — Action for
annulment — Statement of reasons)

(1) OJ C 233, 28.9.2002.

(2008/C 142/40)

Language of the case: English

Judgment of the Court of First Instance of 3 April 2004 —
KONGRA-GEL and Others v Council

Parties

(Case T-253/04) (1)

Applicant: Osman Ocalan, on behalf of the Kurdistan Workers'
Party (PKK) (represented by: M. Muller QC, E. Grieves and P.
Moser, barristers, and J.G. Pierce, Solicitor)

Defendant: Council of the European Union (represented initially
by: M. Vitsentzatos and M. Bishop, and subsequently by M.
Bishop and E. Finnegan, Agents)

Interveners in support of the applicant: United Kingdom of Great
Britain and Northern Ireland (represented initially by: R.
Caudwell, and subsequently by E. Jenkinson, Agents, assisted by
S. Lee, Barrister) and Commission of the European Commu-
nities,
(represented by: P. Kuijper and C. Brown, and subse-
quently by P. Hetsch and P. Aalto, Agents)

Parties

(Common foreign and security policy — Restrictive measures
directed against certain persons and entities with a view to
combating terrorism — Freezing of funds — Action for
annulment — Statement of reasons)

(2008/C 142/41)

Language of the case: English

Re:

Annulment of Council Decision 2002/460/EC: of 17 June 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 Deci-
sion 2002/334/EC (OJ 2002 L 160, p. 26)

Operative part of the judgment

The Court:

Applicants: KONGRA-GEL and the nine other applicants whose
names are shown in the annex to the judgment (represented by
M. Muller QC, E. Grieves and C. Vine, Barristers, and J.G. Pierce,
Solicitor)

Defendant: Council of the European Union (represented by E.
Finnegan and D. Canga Fano, Agents)

Intervener in support of the defendant: United Kingdom of Great
Britain and Northern Ireland (represented initially by R.
Caudwell, and subsequently by E. Jenkinson, Agents, and S. Lee,
Barrister)

1. Annuls Council Decision 2002/460/EC of 17 June 2002 imple-
menting 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 Deci-
sion 2002/334/EC in so far as it concerns the Kurdistan Workers'
Party (PKK).

2. Orders the Council to bear, in addition to its own costs, all the
costs incurred by Osman Ocalan on behalf of the PKK before the
Court of First Instance and the Court of Justice.

Re:

First, the partial annulment of Council Decision 2004/306/EC
of 2 April 2004 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 2003/902/EC (OJ 2004 L 99, p. 28),
and of Regulation No 2580/2001 (OJ 2001 L 344, p. 70), and,
secondly, damages.