Case C-458/15: Judgment of the Court (Fifth Chamber) of 20 June 2019 (request for a preliminary ruling from the Landgericht Saarbrücken — Germany) — Criminal proceedings against K. P. (Reference for a preliminary ruling — Common foreign and security policy — Combating terrorism — Restrictive measures directed against certain persons and entities — Freezing of funds — Common Position 2001/931/CFSP — Article 1(4) and (6) — Regulation (EC) No 2580/2001 — Article 2(3) — Council Decision retaining an organisation on the list of persons, groups and entities involved in terrorist acts — Validity)
Date: 2019-06-20
Institutions: Court of Justice
Subjects: EU restrictive measure, economic sanctions, international sanctions, legal person, terrorism








C_2019270EN.01000201.xml










12.8.2019   


EN


Official Journal of the European Union


C 270/2






Judgment of the Court (Fifth Chamber) of 20 June 2019 (request for a preliminary ruling from the Landgericht Saarbrücken — Germany) — Criminal proceedings against K. P.
(Case C-458/15) (1)

(Reference for a preliminary ruling - Common foreign and security policy - Combating terrorism - Restrictive measures directed against certain persons and entities - Freezing of funds - Common Position 2001/931/CFSP - Article 1(4) and (6) - Regulation (EC) No 2580/2001 - Article 2(3) - Council Decision retaining an organisation on the list of persons, groups and entities involved in terrorist acts - Validity)
(2019/C 270/02)
Language of the case: German

Referring court

Landgericht Saarbrücken

Parties to the criminal proceedings against

K. P.

Operative part of the judgment







1.


Consideration of the question referred for a preliminary ruling has disclosed no factor such as to affect the validity of:






—


Council Decision 2007/445/EC of 28 June 2007 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 Decisions 2006/379/EC and 2006/1008/EC;










—


Council Decision 2007/868/EC of 20 December 2007 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 2007/445/EC;










—


Council Decision 2008/583/EC of 15 July 2008 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 2007/868/EC; and










—


Council Decision 2009/62/EC of 26 January 2009 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 2008/583/EC.














2.


Council Regulation (EC) No 501/2009 of 15 June 2009 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 2009/62/EC is invalid in so far as, by that regulation, the Liberation Tigers of Tamil Eelam were kept on the list provided for in Article 2(3) of 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.






(1)  OJ C 354, 26.10.2015.