CELEX: 62015CA0458
Language: en
Date: 2019-06-20 00:00:00
Title: 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)

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.