Case T-160/19: Judgment of the General Court of 24 November 2021 — LTTE v Council (Common foreign and security policy — Restrictive measures taken with a view to combating terrorism — Freezing of funds — List of the persons, groups and entities subject to the freezing of funds and economic resources — Maintaining the applicant’s name on the list — Factual basis of the decisions to freeze funds — Error of assessment — Obligation to state reasons — Rights of the defence — Right to effective judicial protection)
Date: 2021-11-24
Institutions: General Court
Subjects: EU restrictive measure, economic sanctions, international sanctions, legal person, right to justice, rights of the defence, terrorism








C_2022024EN.01002601.xml










17.1.2022   


EN


Official Journal of the European Union


C 24/26






Judgment of the General Court of 24 November 2021 — LTTE v Council
(Case T-160/19) (1)

(Common foreign and security policy - Restrictive measures taken with a view to combating terrorism - Freezing of funds - List of the persons, groups and entities subject to the freezing of funds and economic resources - Maintaining the applicant’s name on the list - Factual basis of the decisions to freeze funds - Error of assessment - Obligation to state reasons - Rights of the defence - Right to effective judicial protection)
(2022/C 24/32)
Language of the case: English

Parties


Applicant: European Political Subdivision of the Liberation Tigers of Tamil Eelam (LTTE) (Herning, Denmark) (represented by: A. van Eik and T. Buruma, lawyers)

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

Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: F. Shibli and S. McCrory, acting as Agents, and by P. Nevill, Barrister)

Re:

Application under Article 263 TFEU for annulment of (i) Council Decision (CFSP) 2019/25 of 8 January 2019 amending and 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) 2018/1084 (OJ 2019 L 6, p. 6), (ii) Council Decision (CFSP) 2019/1341 of 8 August 2019 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 2019/25 (OJ 2019 L 209, p. 15), (iii) Council Implementing Regulation (EU) 2020/19 of 13 January 2020 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) 2019/1337 (OJ 2020 L 8 I, p. 1), and (iv) Council Implementing Regulation (EU) 2020/1128 of 30 July 2020 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 2020/19 (OJ 2020 L 247, p. 1), and Council Decision (CFSP) 2020/1132 of 30 July 2020 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) 2020/20 (OJ 2020 L 247, p. 18)

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the European Political Subdivision of the Liberation Tigers of Tamil Eelam (LTTE) to bear its own costs and to pay those incurred by the Council of the European Union;










3.


Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.






(1)  OJ C 155, 6.5.2019.