Case C-833/19 P: Judgment of the Court (Grand Chamber) of 23 November 2021 — Council of the European Union v Hamas (Appeal — Common foreign and security policy — Fight against terrorism — Restrictive measures against certain persons and entities — Freezing of funds — Common Position 2001/931/CFSP — Regulation (EC) No 2580/2001 — Continued inclusion of an organisation on the list of persons, groups and entities involved in terrorist acts — Statement of individual reasons notified to the organisation set out in a separate document from that containing a general statement of reasons — Authentication of the statement of individual reasons — Article 297(2) TFEU)
Date: 2021-11-23
Institutions: Court of Justice
Subjects: EU restrictive measure, economic sanctions, international sanctions, legal person, terrorism








C_2022051EN.01000401.xml










31.1.2022   


EN


Official Journal of the European Union


C 51/4






Judgment of the Court (Grand Chamber) of 23 November 2021 — Council of the European Union v Hamas
(Case C-833/19 P) (1)

(Appeal - Common foreign and security policy - Fight against terrorism - Restrictive measures against certain persons and entities - Freezing of funds - Common Position 2001/931/CFSP - Regulation (EC) No 2580/2001 - Continued inclusion of an organisation on the list of persons, groups and entities involved in terrorist acts - Statement of individual reasons notified to the organisation set out in a separate document from that containing a general statement of reasons - Authentication of the statement of individual reasons - Article 297(2) TFEU)
(2022/C 51/04)
Language of the case: French

Parties


Appellant: Council of the European Union (represented by: B. Driessen and S. Van Overmeire, acting as Agents)

Other party to the proceedings: Hamas (represented by: L. Glock, avocate)

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of the European Union of 4 September 2019, Hamas v Council (T-308/18, EU:T:2019:557), in so far as it upholds the eighth plea relied on at first instance and annuls Council Decision (CFSP) 2018/475 of 21 March 2018 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2017/1426; Council Implementing Regulation (EU) 2018/468 of 21 March 2018 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) 2017/1420; Council Decision (CFSP) 2018/1084 of 30 July 2018 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2018/475; and Council Implementing Regulation (EU) 2018/1071 of 30 July 2018 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) 2018/468, in so far as those acts concern Hamas, including Hamas-Izz al-Din al-Qassem;










2.


Dismisses the action brought in Case T-308/18 by Hamas;










3.


Orders Hamas to bear its own costs and to pay the costs incurred by the Council of the European Union in the present appeal and at first instance.






(1)  OJ C 10, 13.1.2020.