CELEX: C2002/247/22
Language: en
Date: 2002-10-12 00:00:00
Title: Case T-206/02: Action brought on 2 July 2002 by the Congrès National du Kurdistan against the Council of the European Union

12.10.2002             EN                      Official Journal of the European Communities                                           C 247/13
                                                        COURT OF FIRST INSTANCE
Action brought on 2 July 2002 by the Congrès National                     is composed. Moreover, the contested decision, which is
 du Kurdistan against the Council of the European Union                   tantamount to a penalty, was enacted without the slightest
                                                                          statement of reasons, thereby infringing essential procedural
                                                                          requirements.
                         (Case T-206/02)
                         (2002/C 247/22)                                  Furthermore, the applicant contends that the contested
                                                                          decision is founded on a substantive factual error in so far as
                                                                          the PKK dissolved itself before the contested decision was
                   (Language of the case: French)                         adopted and since 1999 at least has been advocating non-
                                                                          violent action. The decision is also vitiated by a manifest error
                                                                          of assessment inasmuch as it seriously prejudices the freedom
                                                                          of expression guaranteed by the European Convention for
An action against the Council of the European Union was                   Human Rights.
brought before the Court of First Instance of the European
Communities on 2 July 2002 by the Congrès National
du Kurdistan (Kurdistan National Congress), established in                (1 ) Council Decision 2002/334/EC of 2 May 2002 implementing
Brussels, represented by Jérôme Boisseau, Lawyer.                              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 2001/
The applicant claims that the Court should:                                    927/EC (OJ 2002 L 116, p. 33).
                                                                          (2 ) OJ 2002 L 344, p. 70.
—     hold that Council Decision 2002/334/EC of 2 May
      2002 ( 1) adversely affects the applicant’s reputation, name
      and credibility;
—     find that the contested decision proceeds from a substan-
      tive error in that it refers to the PKK in the list of legal
      persons covered by the Community measures to combat
                                                                          Action brought on 15 July 2002 by Santiago Gómez-
      terrorism;
                                                                          Reino against the Commission of the European Com-
                                                                                                         munities
—     declare that the contested decision is manifestly vitiated
      by an error of assessment in that it denies a political party
      the means of expressing itself freely;                                                         (Case T-215/02)
—     for all those reasons, partially annul the contested                                           (2002/C 247/23)
      decision;
—     order the Council to pay a sum of EUR 10 000 in respect                                  (Language of the case: French)
      of irrecoverable expenditure incurred by the applicant.
                                                                          An action against the Commission of the European Communi-
Pleas in law and main arguments                                           ties was brought before the Court of First Instance of the
                                                                          European Communities on 15 July 2002 by Santiago Gómez-
                                                                          Reino, resident in Brussels, represented by Marc-Albert Lucas,
The applicant seeks the annulment of Council Decision 2002/               Lawyer.
334/EC of 2 May 2002. That decision refers to the PKK (the
Kurdistan Workers’ Party) in the updated list of persons,
groups and entities to which Council Regulation (EC) No 2580/             The applicant claims that the Court should:
2001 of 27 December 2001 on specific restrictive measures
directed against certain persons and entities with a view to              —      find that the European Anti-Fraud Office acted unlawfully
combating terrorism (2) is applicable.                                           by not notifying him of a decision to open investigations
                                                                                 concerning him individually, not informing him of
                                                                                 investigations liable to implicate him and not enabling
The applicant contends that that reference adversely affects the                 him to express his views on all the facts concerning him
reputation and credibility of the action engaged in by it and                    before conclusions referring to him personally were
numerous independent associations and persons of which it                        drawn from the investigations;