CELEX: 62015TA0289
Language: en
Date: 2019-03-06 00:00:00
Title: Case T-289/15: Judgment of the General Court of 6 March 2019 — Hamas v Council (Common foreign and security policy — Restrictive measures against certain persons and entities with a view to combating terrorism — Freezing of funds — Whether an authority of a third State can be classified as a competent authority within the meaning of Common Position 2001/931/CFSP — Factual basis of the decisions to freeze funds — Obligation to state reasons — Error of assessment — Right to property)

15.4.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 139/42
            
         
      Judgment of the General Court of 6 March 2019 — Hamas v Council
      (Case T-289/15) (1)
      
      (Common foreign and security policy - Restrictive measures against certain persons and entities with a view to combating terrorism - Freezing of funds - Whether an authority of a third State can be classified as a competent authority within the meaning of Common Position 2001/931/CFSP - Factual basis of the decisions to freeze funds - Obligation to state reasons - Error of assessment - Right to property)
      (2019/C 139/39)
      Language of the case: French
      
         Parties
      
      
         Applicant: Hamas (Doha, Qatar) (represented by: L. Glock, lawyer)
      
         Defendant: Council of the European Union (represented by: initially B. Driessen and N. Rouam, and subsequently B. Driessen, F. Naert and A. Sikora-Kalėda, acting as Agents)
      
         Intervener in support of the defendant: European Commission (represented by: initially F. Castillo de la Torre and R. Tricot, and subsequently F. Castillo de la Torre, L. Baumgart and C. Zadra, acting as Agents)
      
         Re:
      
      Application under Article 263 TFEU for annulment of (i) 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), and (ii) 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 (EU) No 790/2014 (OJ 2015 L 82, p. 1), in so far as those measures concern the applicant.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  
                     Dismisses the action;
                  
               
            
                  2.
               
               
                  
                     Orders Hamas to bear its own costs and to pay those incurred by the Council of the European Union;
                  
               
            
                  3.
               
               
                  
                     Orders the European Commission to bear its own costs.
                  
               
            
         (1)  OJ C 245, 27.7.2015.