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Case T-160/19: Judgment of the General Court of 24 November 2021 — LTTE v Council (Common foreign and security policy — Restrictive measures taken with a view to combating terrorism — Freezing of funds — List of the persons, groups and entities subject to the freezing of funds and economic resources — Maintaining the applicant’s name on the list — Factual basis of the decisions to freeze funds — Error of assessment — Obligation to state reasons — Rights of the defence — Right to effective judicial protection)
ECLI:EU:UNKNOWN:62019TA0160
62019TA0160
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Valentina R., lawyer
17.1.2022
Official Journal of the European Union
C 24/26
(Case T-160/19) (<span class="oj-super oj-note-tag">1</span>)
(Common foreign and security policy - Restrictive measures taken with a view to combating terrorism - Freezing of funds - List of the persons, groups and entities subject to the freezing of funds and economic resources - Maintaining the applicant’s name on the list - Factual basis of the decisions to freeze funds - Error of assessment - Obligation to state reasons - Rights of the defence - Right to effective judicial protection)
(2022/C 24/32)
Language of the case: English
Parties
Applicant: European Political Subdivision of the Liberation Tigers of Tamil Eelam (LTTE) (Herning, Denmark) (represented by: A. van Eik and T. Buruma, lawyers)
Defendant: Council of the European Union (represented by: B. Driessen and S. van Overmeire, acting as Agents)
Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: F. Shibli and S. McCrory, acting as Agents, and by P. Nevill, Barrister)
Re:
Application under Article 263 TFEU for annulment of (i) Council Decision (CFSP) 2019/25 of 8 January 2019 amending and 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) 2018/1084 (OJ 2019 L 6, p. 6), (ii) Council Decision (CFSP) 2019/1341 of 8 August 2019 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 2019/25 (OJ 2019 L 209, p. 15), (iii) Council Implementing Regulation (EU) 2020/19 of 13 January 2020 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) 2019/1337 (OJ 2020 L 8 I, p. 1), and (iv) Council Implementing Regulation (EU) 2020/1128 of 30 July 2020 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 2020/19 (OJ 2020 L 247, p. 1), and Council Decision (CFSP) 2020/1132 of 30 July 2020 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) 2020/20 (OJ 2020 L 247, p. 18)
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders the European Political Subdivision of the Liberation Tigers of Tamil Eelam (LTTE) to bear its own costs and to pay those incurred by the Council of the European Union;
3.Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.
* * *
(<span class="oj-super">1</span>) OJ C 155, 6.5.2019.
Language of the case: English