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Case C-833/19 P: Judgment of the Court (Grand Chamber) of 23 November 2021 — Council of the European Union v Hamas (Appeal — Common foreign and security policy — Fight against terrorism — Restrictive measures against certain persons and entities — Freezing of funds — Common Position 2001/931/CFSP — Regulation (EC) No 2580/2001 — Continued inclusion of an organisation on the list of persons, groups and entities involved in terrorist acts — Statement of individual reasons notified to the organisation set out in a separate document from that containing a general statement of reasons — Authentication of the statement of individual reasons — Article 297(2) TFEU)
ECLI:EU:UNKNOWN:62019CA0833
62019CA0833
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Official Journal of the European Union
C 51/4
(Case C-833/19 P) (<span class="oj-super oj-note-tag">1</span>)
(Appeal - Common foreign and security policy - Fight against terrorism - Restrictive measures against certain persons and entities - Freezing of funds - Common Position 2001/931/CFSP - Regulation (EC) No 2580/2001 - Continued inclusion of an organisation on the list of persons, groups and entities involved in terrorist acts - Statement of individual reasons notified to the organisation set out in a separate document from that containing a general statement of reasons - Authentication of the statement of individual reasons - Article 297(2) TFEU)
(2022/C 51/04)
Language of the case: French
Parties
Appellant: Council of the European Union (represented by: B. Driessen and S. Van Overmeire, acting as Agents)
Other party to the proceedings: Hamas (represented by: L. Glock, avocate)
Operative part of the judgment
The Court:
1.Sets aside the judgment of the General Court of the European Union of 4 September 2019, Hamas v Council (T-308/18, EU:T:2019:557), in so far as it upholds the eighth plea relied on at first instance and 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) 2018/468 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; 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 those acts concern Hamas, including Hamas-Izz al-Din al-Qassem;
2.Dismisses the action brought in Case T-308/18 by Hamas;
3.Orders Hamas to bear its own costs and to pay the costs incurred by the Council of the European Union in the present appeal and at first instance.
(<span class="oj-super">1</span>) OJ C 10, 13.1.2020.
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Language of the case: French