Official Journal of the European Union

C 139/42

(Case T-289/15) (<span class="super note-tag">1</span>)

(Common foreign and security policy - Restrictive measures against certain persons 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 - Right to property)

(2019/C 139/39)

Language of the case: French

Parties

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

Defendant: Council of the European Union (represented by: initially B. Driessen and N. Rouam, and subsequently B. Driessen, F. Naert and A. Sikora-Kalėda, acting as Agents)

Intervener in support of the defendant: European Commission (represented by: initially F. Castillo de la Torre and R. Tricot, and subsequently F. Castillo de la Torre, L. Baumgart and C. Zadra, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of (i) Council Decision (CFSP) 2015/521 of 26 March 2015 updating and amending 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 2014/483/CFSP (OJ 2015 L 82, p. 107), and (ii) Council Implementing Regulation (EU) 2015/513 of 26 March 2015 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 790/2014 (OJ 2015 L 82, p. 1), in so far as those measures concern the applicant.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Hamas to bear its own costs and to pay those incurred by the Council of the European Union;

3.Orders the European Commission to bear its own costs.

(<span class="note">1</span> OJ C 245, 27.7.2015)