24.11.2014

Official Journal of the European Union

C 421/28

(Joined Cases T-208/11 and T-508/11) (<span class="super">1</span>)

((Common foreign and security policy - Restrictive measures against certain persons and entities with a view to combating terrorism - Freezing of funds - Applicability of Regulation (EC) No 2580/2001 to situations of armed conflict - Possibility for an authority of a third State to be classified as a competent authority within the meaning of Common Position 2001/931/CFSP - Factual basis of the decisions to freeze funds - Reference to terrorist acts - Need for a decision of a competent authority for the purpose of Common Position 2001/931))

2014/C 421/38

Language of the case: English

Parties

Applicant: Liberation Tigers of Tamil Eelam (LTTE) (Herning, Denmark) (represented by: V. Koppe, A.M. van Eik and T. Buruma, lawyers)

Defendant: Council of the European Union (represented by: G. Étienne and E. Finnegan, acting as Agents)

Interveners in support of the defendant: Kingdom of the Netherlands (represented: in Case T-208/11, initially by M. Bulterman, N. Noort and C. Schillemans, and subsequently, as well as in Case T-508/11, by C. Wissels, M. Bulterman and J. Langer, acting as Agents); United Kingdom of Great Britain and Northern Ireland (represented: initially by S. Behzadi-Spencer, H. Walker and S. Brighouse, and subsequently by S. Behzadi-Spencer, H. Walker and E. Jenkinson, acting as Agents, assisted by M. Gray, Barrister) (intervener in Case T-208/11 only); and European Commission (represented initially by F. Castillo de la Torre and S. Boelaert, and subsequently by Castillo de la Torre and É. Cujo, acting as Agents)

Re:

Application, initially, in Case T-208/11, for annulment of Council Implementing Regulation (EU) No 83/2011 of 31 January 2011 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) No 610/2010, and, in Case T-508/11, for annulment of Council Implementing Regulation (EU) No 687/2011 of 18 July 2011 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 Regulations (EU) No 610/2010 and No 83/2011, in so far as those measures apply to the applicant.

Operative part of the judgment

The Court:

1)Annuls Council Implementing Regulation (EU) No 83/2011 of 31 January 2011, No 687/2011 of 18 July 2011, No 1375/2011 of 22 December 2011, No 542/2012 of 25 June 2012, No 1169/2012 of 10 December 2012, No 714/2013 of 25 July 2013, No 125/2014 of 10 February 2014 and No 790/2014 of 22 July 2014 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 Regulations (EU) Nos 610/2010, 83/2011, 687/2011, 1375/2011, 542/2012, 1169/2012, 714/2013 and 125/2014 in so far as those measures concern the Liberation Tigers of Tamil Eelam (LTTE);

2)Maintains the effects of Implementing Regulation No 790/2014 for three months following delivery of this judgment;

3)Orders the Council of the European Union to pay, in addition to its own costs, the costs of the LTTE;

4)Orders the Kingdom of the Netherlands, the United Kingdom of Great Britain and Northern Ireland and the European Commission to bear their own respective costs.

(<span class="super">1</span>) OJ C 179, 18. 6. 2011.