CELEX: 62004TJ0253
Language: en
Date: 2008-04-03 00:00:00
Title: Judgment of the Court of First Instance (Seventh Chamber) of 3 April 2008. # Kongra-Gel and Others v Council of the European Union. # Common foreign and security policy - Restrictive measures directed against certain persons and entities with a view to combating terrorism - Freezing of funds - Action for annulment - Statement of reasons. # Case T-253/04.

Judgment of the Court of First Instance (Seventh Chamber) of 3 April 2008 – KONGRA‑GEL and Others v Council
      (Case T-253/04)
      Common foreign and security policy – Restrictive measures directed against certain persons and entities with a view to combating terrorism – Freezing of funds – Action for annulment – Statement of reasons
      1.                     Actions for annulment – Jurisdiction of the Community judicature – Claim seeking that directions be issued to an institution
            – Inadmissibility (Art. 230 EC) (see para. 48)
      2.                     Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Decision to freeze
            funds directed against certain persons and entities suspected of terrorist activities (Arts 230, fourth para., EC and 249
            EC; Council Regulation No 2580/2001; Council Decision 2004/306) (see paras 76-78)
      3.                     Actions for annulment – Interest in bringing proceedings – Action brought against an implemented or interrupted measure (Art.
            233 EC) (see paras 82-85)
      4.                     Acts of the institutions – Statement of reasons – Obligation – Scope – Decision to freeze funds directed against certain persons
            and entities suspected of terrorist activities – Minimum requirements (Art. 253 EC; Council Common Position 2001/931, Art.
            1(4) and (6); Council Regulation No 2580/2001) (see paras 95-98)
      5.                     Acts of the institutions – Statement of reasons – Obligation – Correction of an error of reasoning during the proceedings
            before the Court – Not permissible (Art. 253 EC) (see paras 99-101)
      Re:
      
         
               ACTION for, first, the partial annulment of Council Decision 2004/306/EC of 2 April 2004 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 2003/902/EC (OJ 2004 L 99, p. 28), and of Regulation No 2580/2001 (OJ 2001 L 344, p. 70),
                  and, secondly, damages.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Annuls Council Decision 2004/306/EC of 2 April 2004 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
                     2003/902/EC in so far as it concerns KONGRA-GEL;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Council to bear, in addition to its own costs, all the costs incurred by the applicants;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders the United Kingdom of Great Britain and Northern Ireland to pay its own costs.