(Case T-308/18)

Language of the case: French

Parties

Applicant: Hamas (Doha, Qatar) (represented by: L. Glock, lawyer)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:

—annul 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);

—annul Council Implementing Regulation (EU) 2018/468 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 (OJ 2018 L 79, p. 7);

—in so far as those measures apply to Hamas, including Hamas-Izz al-Din al-Qassem;

—order the Council to pay all of the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on seven pleas in law:

1.First plea in law: infringement of Article 1(4) of Common Position 2001/931.

2.Second plea in law: errors committed by the Council as to the accuracy of the factual allegations made against the applicant.

3.Third plea in law: mistaken characterisation by the Council of Hamas as a terrorist group.

4.Fourth plea in law: infringement of the principle of non-interference.

5.Fifth plea in law: failure to take sufficient account of the development of the situation owing to the passage of time.

6.Sixth plea in law: infringement of the obligation to state reasons.

7.Seventh plea in law: infringement of the rights of defence and of the right to effective judicial protection.