CELEX: 62009CA0550
Language: en
Date: 2010-06-29 00:00:00
Title: Case C-550/09: Judgment of the Court (Grand Chamber) of 29 June 2010 (reference for a preliminary ruling from the Oberlandesgericht Düsseldorf (Germany)) — Criminal proceedings against E, F (Common foreign and security policy — Specific restrictive measures directed against certain persons and entities with a view to combating terrorism — Common Position 2001/931/CFSP — Regulation (EC) No 2580/2001 — Articles 2 and 3 — Inclusion of an organisation on the list of persons, groups and entities implicated in acts of terrorism — Transfer to an organisation, by members of that organisation, of funds originating from the collection of donations and the sale of publications)

28.8.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 234/15
            
         Judgment of the Court (Grand Chamber) of 29 June 2010 (reference for a preliminary ruling from the Oberlandesgericht Düsseldorf (Germany)) — Criminal proceedings against E, F
   (Case C-550/09) (1)
   
   (Common foreign and security policy - Specific restrictive measures directed against certain persons and entities with a view to combating terrorism - Common Position 2001/931/CFSP - Regulation (EC) No 2580/2001 - Articles 2 and 3 - Inclusion of an organisation on the list of persons, groups and entities implicated in acts of terrorism - Transfer to an organisation, by members of that organisation, of funds originating from the collection of donations and the sale of publications)
   2010/C 234/22
   Language of the case: German
   
      Referring court
   
   Oberlandesgericht Düsseldorf
   
      Parties in the main proceedings
   
   E, F
   
      Re:
   
   Reference for a preliminary ruling — Oberlandesgericht Düsseldorf — Interpretation of Articles 2 and 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 (OJ 2001 L 344, p. 70) — Challenge, before the national court, to the validity of a Council decision including an organisation on the list provided for in Article 2(3) of that regulation, where the decision has not been contested by the organisation in question — Scope of the regulation’s provisions prohibiting economic resources from being made available to an organisation included on the list — Transfer of economic resources within the organisation by persons forming part of it
   
      Operative part of the judgment
   
   
               1.
            
            
               In respect of the period prior to 29 June 2007, the inclusion of Devrimci Halk Kurtulus Partisi-Cephesi (DHKP-C) 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 is illegal and, accordingly, can form no part of the basis for a criminal conviction linked to an alleged infringement of that regulation.
            
         
               2.
            
            
               Article 2(1)(b) of Regulation No 2580/2001 must be interpreted as covering the transfer to a legal person, group or entity on the list provided for in Article 2(3) of that regulation, by a member of that legal person, group or entity, of funds and other financial assets or economic resources collected or obtained from third persons.
            
         
      (1)  OJ C 148, 5.6.2010.