Case C-158/14: Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 4 April 2014  — A and Others; other party: Minister van Buitenlandse Zaken
Date: 2014-04-04
Institutions: Court of Justice
Subjects: armed forces, international human rights law, terrorism, war








C_2014194EN.01001502.xml










24.6.2014   


EN


Official Journal of the European Union


C 194/15





Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 4 April 2014 — A and Others; other party: Minister van Buitenlandse Zaken
(Case C-158/14)
2014/C 194/19
Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings


Appellants: A, B, C, D

Other party: Minister van Buitenlandse Zaken

Questions referred







1.


Having regard to, inter alia, Article 47 of the Charter of Fundamental Rights of the European Union, (1) would an action for the annulment of Implementing Regulation No 610/2010, (2) in so far as that regulation included the LTTE on the list referred to in Article 2(3) of Regulation No 2580/2001, (3) brought before the General Court by the appellants in the present proceedings in their own name on the basis of Article 263 TFEU, undoubtedly have been admissible?










2.








(a)


Having regard to, inter alia, recital 11 in the preamble to Framework Decision 2002/475/JHA, (4) can actions by armed forces during periods of armed conflict, within the meaning of international humanitarian law, be terrorist offences within the meaning of that Framework Decision?










(b)


If the answer to Question 2(a) is in the affirmative, can actions by armed forces during periods of armed conflict, within the meaning of international humanitarian law, be terrorist acts within the meaning of Common Position 2001/931/CFSP (5) and of Regulation No 2580/2001?














3


Are the actions which formed the basis of Implementing Regulation No 610/2010, in so far as it included the LTTE on the list referred to in Article 2(3) of Regulation No 2580/2001, actions by armed forces during periods of armed conflict within the meaning of international humanitarian law?










4.


Having regard to, inter alia, the answers to Questions 1, 2(a), 2(b) and 3, is Implementing Regulation No 610/2010, in so far as the LTTE was thereby included on the list referred to in Article 2(3) of Regulation No 2580/2001, invalid?










5.


If the answer to Question 4 is in the affirmative, does that invalidity then also apply to the earlier and later Council decisions updating the list referred to in Article 2(3) of Regulation No 2580/2001, in so far as those decisions resulted in the inclusion of the LTTE on that list?






(1)  OJ 2000 C 364, p. 1.

(2)  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).

(3)  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 (OJ 2001 L 344, p. 70).

(4)  Council Framework Decision of 13 June 2002 on combating terrorism (OJ 2002 L 164, p. 3).

(5)  Council Common Position of 27 December 2001 on the application of specific measures to combat terrorism (OJ 2001 L 344, p. 93).