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Case C-79/15 P: Judgment of the Court (Grand Chamber) of 26 July 2017 — Council of the European Union v Hamas, European Commission (Appeal — Common foreign and security policy — Fight against terrorism — Restrictive measures against certain persons and entities — Freezing of funds — Common Position 2001/931/CFSP — Article 1(4) and (6) — Regulation (EC) No 2580/2001 — Article 2(3) — Retention of an organisation on the list of persons, groups and entities involved in terrorist acts — Conditions — Factual basis of the decisions to freeze funds — Decision taken by a competent authority — Obligation to state reasons)

ECLI:EU:UNKNOWN:62015CA0079

62015CA0079

July 26, 2017
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18.9.2017

Official Journal of the European Union

C 309/4

(Case C-79/15 P) (<a id="ntc1-C_2017309EN.01000401-E0001" href="#ntr1-C_2017309EN.01000401-E0001"> (<span class="super note-tag">1</span>)</a>

((Appeal - Common foreign and security policy - Fight against terrorism - Restrictive measures against certain persons and entities - Freezing of funds - Common Position 2001/931/CFSP - Article 1(4) and (6) - Regulation (EC) No 2580/2001 - Article 2(3) - Retention of an organisation on the list of persons, groups and entities involved in terrorist acts - Conditions - Factual basis of the decisions to freeze funds - Decision taken by a competent authority - Obligation to state reasons))

(2017/C 309/04)

Language of the case: French

Parties

Appellant: Council of the European Union (represented by: B. Driessen, G. Étienne and M. Bishop, Agents)

Other parties to the proceedings: Hamas (represented by: L. Glock, avocate), European Commission (represented by: F. Castillo de la Torre, M. Konstantinidis and R. Tricot, Agents)

Intervener in support of the appellant: French Republic (represented by: D. Colas, F. Fize and G. de Bergues, Agents)

Operative part of the judgment

The Court:

1Sets aside the judgment of the General Court of the European Union of 17 December 2014, Hamas v Council (T-400/10, EU:T:2014:1095);

2Refers the case back to the General Court of the European Union;

3Reserves the costs.

(<a id="ntr1-C_2017309EN.01000401-E0001" href="#ntc1-C_2017309EN.01000401-E0001">(<span class="super">1</span>)</a> OJ C 146, 4.5.2015)

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