CELEX: 62019CN0046
Language: en
Date: 2019-01-25 00:00:00
Title: Case C-46/19 P: Appeal brought on 25 January 2019 by Council of the European Union against the judgment of the General Court (Third Chamber, Extended Composition) delivered on 15 November 2018 in Case T-316/14: Kurdistan Workers’ Party (PKK) v Council

18.3.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 103/17
            
         
      Appeal brought on 25 January 2019 by Council of the European Union against the judgment of the General Court (Third Chamber, Extended Composition) delivered on 15 November 2018 in Case T-316/14: Kurdistan Workers’ Party (PKK) v Council
      (Case C-46/19 P)
      (2019/C 103/18)
      Language of the case: English
      
         Parties
      
      
         Appellant: Council of the European Union (represented by: B. Driessen, S. Van Overmeire, Agents)
      
         Other parties to the proceedings: Kurdistan Workers' Party (PKK), European Commission, United Kingdom of Great Britain and Northern Ireland
      
         Form of order sought
      
      The appellant claims that the Court should:
      
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                  set aside the contested judgment of the General Court;
               
            
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                  give final judgment in the matters that are the subject of this appeal and to dismiss PKK's application; and
               
            
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                  order the PKK to pay the costs of the Council arising from the present appeal and from Case T-316/14.
               
            
         Pleas in law and main arguments
      
      The Council submits that the General Court erred in the contested judgment on the following points:
      
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                  first plea: the General Court wrongly characterised the contested decisions as purely Article 1(6) decisions (1);
               
            
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                  second plea: the General Court wrongly concluded that the U.S. decisions cannot serve as a basis for the initial listing;
               
            
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                  third plea: the General Court wrongly found that the Council had failed to explain why it considered the U.S. decisions and the Order of the UK Home Secretary to be a decision of a competent authority within the meaning of Article 1(4) of CP931;
               
            
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                  fourth plea: the General Court wrongly applied the Court of Justice's LTTE (2) judgment, point 55, to the case at hand;
               
            
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                  fifth plea: the General Court wrongly applied LTTE, point 71 to the case at hand;
               
            
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                  sixth plea: the General Court wrongly applied Article 1(4) of CP931 and point 55 of the LTTE judgment;
               
            
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                  seventh plea: the General Court wrongly held that the Council could not respond to the PKK's letter in its own letter of 27 March 2015.
               
            
         (1)  Council Common Position of 27 December 2001 on the application of specific measures to combat terrorism (OJ 2001, L 344, p. 93).
      
         (2)  Case C-599/14 P, Council v. LTTE, EU:C2017:583