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Case T-308/18: Judgment of the General Court of 4 September 2019 — Hamas v Council (Common foreign and security policy — Restrictive measures taken against persons, groups and entities with a view to combating terrorism — Freezing of funds — Whether an authority of a third State can be classified as a competent authority within the meaning of Common Position 2001/931/CFSP — Factual basis of the decisions to freeze funds — Obligation to state reasons — Error of assessment — Principle of non-interference — Rights of the defence — Right to effective judicial protection — Authentication of Council acts)
ECLI:EU:UNKNOWN:62018TA0308
62018TA0308
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Valentina R., lawyer
21.10.2019
Official Journal of the European Union
C 357/30
(Case T-308/18) (*)
(Common foreign and security policy - Restrictive measures taken against persons, groups and entities with a view to combating terrorism - Freezing of funds - Whether an authority of a third State can be classified as a competent authority within the meaning of Common Position 2001/931/CFSP - Factual basis of the decisions to freeze funds - Obligation to state reasons - Error of assessment - Principle of non-interference - Rights of the defence - Right to effective judicial protection - Authentication of Council acts)
(2019/C 357/37)
Language of the case: French
Parties
Applicant: Hamas (Doha, Qatar) (represented by L. Glock, lawyer)
Defendant: Council of the European Union (represented initially by B. Driessen and A. Sikora-Kalėda, then by B. Driessen and S. Van Overmeire, acting as Agents)
Re:
Application under Article 263 TFEU seeking annulment, first, of 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) and of Council Implementing Regulation (EU) 2018/486 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; and, second, of Council Decision (CFSP) 2018/1084 of 30 July 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) 2018/475 and of Council Implementing Regulation (EU) 2018/1071 of 30 July 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) 2018/468.
Operative part of the judgment
The Court:
1.Annuls 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, Council Implementing Regulation (EU) 2018/486 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, Council Decision (CFSP) 2018/1084 of 30 July 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) 2018/475 and Council Implementing Regulation (EU) 2018/1071 of 30 July 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) 2018/468 in so far as they concern ‘Hamas’, including ‘Hamas-Izz al-Din al-Qassem’;
2.Orders the Council of the European Union to bear its own costs and pay those incurred by Hamas.
(*) Language of the case: French.