Joined Cases T-316/14 RENV and T-148/19: Judgment of the General Court of 30 November 2022 — PKK v Council (Common foreign and security policy — Restrictive measures against the PKK with a view to combating terrorism — Freezing of funds — Common Position 2001/931/CFSP — Applicability to situations of armed conflict — Terrorist group — Factual basis of the fund-freezing decisions — Decision taken by a competent authority — Authority of a third State — Review — Proportionality — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Modification of the application)
Date: 2022-11-30
Institutions: General Court
Subjects: EU restrictive measure, economic sanctions, freezing of assets, international sanctions, principle of proportionality, rights of the defence, terrorism








C_2023035EN.01004101.xml










30.1.2023   


EN


Official Journal of the European Union


C 35/41






Judgment of the General Court of 30 November 2022 — PKK v Council
(Joined Cases T-316/14 RENV and T-148/19) (1)

(Common foreign and security policy - Restrictive measures against the PKK with a view to combating terrorism - Freezing of funds - Common Position 2001/931/CFSP - Applicability to situations of armed conflict - Terrorist group - Factual basis of the fund-freezing decisions - Decision taken by a competent authority - Authority of a third State - Review - Proportionality - Obligation to state reasons - Rights of the defence - Right to effective judicial protection - Modification of the application)
(2023/C 35/48)
Language of the case: English

Parties


Applicant: Kurdistan Workers’ Party (PKK) (represented by: A. van Eik and T. Buruma, lawyers)

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

Intervener in support of the defendant in Case T-316/14 RENV: European Commission (represented by: T. Ramopoulos, J. Norris, J. Roberti di Sarsina and R. Tricot, acting as Agents)

Interveners in support of the defendant in the appeal proceedings: French Republic (represented by: A.-L. Desjonquères, B. Fodda and J.-L. Carré, acting as Agents), Kingdom of the Netherlands (represented by: M. Bulterman and J. Langer, acting as Agents)

Re:

By its action in Case T-316/14 RENV, which is based on Article 263 TFEU, the applicant seeks the annulment of:






—


Council Implementing Regulation (EU) No 125/2014 of 10 February 2014 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 714/2013 (OJ 2014 L 40, p. 9);










—


Council Implementing Regulation (EU) No 790/2014 of 22 July 2014 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 No 125/2014 (OJ 2014 L 217, p. 1);










—


Council Decision (CFSP) 2015/521 of 26 March 2015 updating and amending 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 2014/483/CFSP (OJ 2015 L 82, p. 107);










—


Council Implementing Regulation (EU) 2015/513 of 26 March 2015 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 No 790/2014 (OJ 2015 L 82, p. 1);










—


Council Decision (CFSP) 2015/1334 of 31 July 2015 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 2015/521 (OJ 2015 L 206, p. 61);










—


Council Implementing Regulation (EU) 2015/1325 of 31 July 2015 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 2015/513 (OJ 2015 L 206, p. 12);










—


Council Implementing Regulation (EU) 2015/2425 of 21 December 2015 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 2015/1325 (OJ 2015 L 334, p. 1);










—


Council Implementing Regulation (EU) 2016/1127 of 12 July 2016 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 2015/2425 (OJ 2016 L 188, p. 1);










—


Council Implementing Regulation (EU) 2017/150 of 27 January 2017 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 2016/1127 (OJ 2017 L 23, p. 3);










—


Council Decision (CFSP) 2017/1426 of 4 August 2017 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) 2017/154 (OJ 2017 L 204, p. 95); and










—


Council Implementing Regulation (EU) 2017/1420 of 4 August 2017 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 2017/150 (OJ 2017 L 204, p. 3), in so far as those measures concern the applicant.




By its action in Case T-148/19, which is also based on Article 263 TFEU, the applicant seeks the annulment of:






—


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);










—


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);










—


Council Implementing Regulation (EU) 2019/1337 of 8 August 2019 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) 2019/24 (OJ 2019 L 209, p. 1);










—


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 2019/1337 (OJ 2020 L 8I, p. 1);










—


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); and










—


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), in so far as those measures concern the applicant.





Operative part of the judgment

The Court:






1.


Annuls Council Implementing Regulation (EU) No 125/2014 of 10 February 2014 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 714/2013 and Council Implementing Regulation (EU) No 790/2014 of 22 July 2014 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 No 125/2014 in so far as they concern the Kurdistan Workers’ Party (PKK);










2.


Dismisses the action in Case T-316/14 RENV as to the remainder;










3.


Dismisses the action in Case T-148/19;










4.


Orders the PKK and the Council of the European Union each to bear their own costs relating to Cases T-316/14, C-46/19 P, T-316/14 RENV and T-148/19;










5.


Orders the European Commission, the French Republic and the Kingdom of the Netherlands each to bear their own costs.






(1)  OJ C 245, 28.7.2014.