CELEX: 62018TN0308
Language: en
Date: 2018-05-17 00:00:00
Title: Case T-308/18: Action brought on 17 May 2018 — Hamas v Council

201807060611993552018/C 259/583082018TC25920180723EN01ENINFO_JUDICIAL20180517434421Case T-308/18: Action brought on 17 May 2018 — Hamas v Council
 ---documentbreak--- C2592018EN4310120180517EN0058431442Action brought on 17 May 2018 — Hamas v Council
   (Case T-308/18)2018/C 259/58Language of the case: French
      Parties
   
   
      Applicant: Hamas (Doha, Qatar) (represented by: L. Glock, lawyer)
   
      Defendant: Council of the European Union
   
      Form of order sought
   
   The applicant claims that the Court should:
   
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            annul Council Decision (CFSP) 2018/475 of 21 March 2018 updating 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 (CFSP) 2017/1426 (OJ 2018 L 79, p. 26);
         
      
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            annul Council Implementing Regulation (EU) 2018/468 of 21 March 2018 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) 2017/1420 (OJ 2018 L 79, p. 7);
            in so far as those measures apply to Hamas, including Hamas-Izz al-Din al-Qassem;
         
      
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            order the Council to pay all of the costs.
         
      
      Pleas in law and main arguments
   
   In support of the action, the applicant relies on seven pleas in law:
   
            1.
         
         
            First plea in law: infringement of Article 1(4) of Common Position 2001/931.
         
      
            2.
         
         
            Second plea in law: errors committed by the Council as to the accuracy of the factual allegations made against the applicant.
         
      
            3.
         
         
            Third plea in law: mistaken characterisation by the Council of Hamas as a terrorist group.
         
      
            4.
         
         
            Fourth plea in law: infringement of the principle of non-interference.
         
      
            5.
         
         
            Fifth plea in law: failure to take sufficient account of the development of the situation owing to the passage of time.
         
      
            6.
         
         
            Sixth plea in law: infringement of the obligation to state reasons.
         
      
            7.
         
         
            Seventh plea in law: infringement of the rights of defence and of the right to effective judicial protection.