CELEX: C2007/056/08
Language: en
Date: 2007-03-10 00:00:00
Title: Case C-229/05 P: Judgment of the Court (First Chamber) of 18 January 2007 — Osman Ocalan, on behalf of the Kurdistan Workers' Party (PKK), Serif Vanly, on behalf of the Kurdistan National Congress (KNK) v Council of the European Union, United Kingdom of Great Britain and Northern Ireland, Commission of the European Communities (Appeal — Specific restrictive measures directed against certain persons and entities with a view to combating terrorism — Action for annulment — Admissibility)

10.3.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 56/5
            
         Judgment of the Court (First Chamber) of 18 January 2007 — Osman Ocalan, on behalf of the Kurdistan Workers' Party (PKK), Serif Vanly, on behalf of the Kurdistan National Congress (KNK) v Council of the European Union, United Kingdom of Great Britain and Northern Ireland, Commission of the European Communities
   (Case C-229/05 P) (1)
   
   (Appeal - Specific restrictive measures directed against certain persons and entities with a view to combating terrorism - Action for annulment - Admissibility)
   (2007/C 56/08)
   Language of the case: English
   Parties
   
      Appellants: Osman Ocalan, on behalf of the Kurdistan Workers' Party (PKK), Serif Vanly, on behalf of the Kurdistan National Congress (KNK) (represented by: M. Muller QC, E. Grieves and P. Moser, Barristers, J.G. Peirce, Solicitor)
   
      Other parties to the proceedings: Council of the European Union (represented by: E. Finnegan and M. Bishop, acting as Agents), United Kingdom of Great Britain and Northern Ireland (represented by: R. Caudwell, acting as Agent), Commission of the European Communities
   Re:
   Appeal against the order of the Court of First Instance (Second Chamber) of 15 February 2005 in Case T-229/02 PKK and KNK v Council, by which the Court of First Instance dismissed as inadmissible the action seeking annulment of Council Decision 2002/334/EC of 2 May 2002 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 (OJ 2002 L 116, p. 33) — Capacity and standing to bring proceedings
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Sets aside the order of the Court of First Instance of the European Communities of 15 February 2005 in Case T-229/02 PKK and KNK v Council in so far as it dismisses the application of Osman Ocalan on behalf of the Kurdistan Workers' Party (PKK);
            
         
               2.
            
            
               Dismisses the appeal as to the remainder;
            
         
               3.
            
            
               Orders Serif Vanly on behalf of the Kurdistan National Congress (KNK) to pay the costs of the appeal brought by him;
            
         
               4.
            
            
               Dismisses the application of Osman Ocalan on behalf of the PKK as inadmissible in so far as it challenges Council Decision 2002/334/EC of 2 May 2002 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 2001/927/EC;
            
         
               5.
            
            
               Declares that the application of Osman Ocalan on behalf of the PKK is admissible in so far as it challenges Council Decision 2002/460/EC of 17 June 2002 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 2002/334/EC, and refers the case back to the Court of First Instance of the European Communities for judgment on the substance;
            
         
               6.
            
            
               Reserves the costs of Osman Ocalan on behalf of the PKK.
            
         
      (1)  OJ C 86, 8.4.2006.