Appeal brought on 25 January 2019 by Council of the European Union against the judgment of the General Court (Third Chamber, Extended Composition) delivered on 15 November 2018 in Case T-316/14: Kurdistan Workers’ Party (PKK) v Council
(Case C-46/19 P)
Language of the case: English
Parties
Appellant: Council of the European Union (represented by: B. Driessen, S. Van Overmeire, Agents)
Other parties to the proceedings: Kurdistan Workers' Party (PKK), European Commission, United Kingdom of Great Britain and Northern Ireland
Form of order sought
The appellant claims that the Court should:
set aside the contested judgment of the General Court;
give final judgment in the matters that are the subject of this appeal and to dismiss PKK's application; and
order the PKK to pay the costs of the Council arising from the present appeal and from Case T-316/14.
Pleas in law and main arguments
The Council submits that the General Court erred in the contested judgment on the following points:
first plea: the General Court wrongly characterised the contested decisions as purely Article 1(6) decisions1 ;
second plea: the General Court wrongly concluded that the U.S. decisions cannot serve as a basis for the initial listing;
third plea: the General Court wrongly found that the Council had failed to explain why it considered the U.S. decisions and the Order of the UK Home Secretary to be a decision of a competent authority within the meaning of Article 1(4) of CP931;
fourth plea: the General Court wrongly applied the Court of Justice's LTTE2 judgment, point 55, to the case at hand;
fifth plea: the General Court wrongly applied LTTE, point 71 to the case at hand;
sixth plea: the General Court wrongly applied Article 1(4) of CP931 and point 55 of the LTTE judgment;
seventh plea: the General Court wrongly held that the Council could not respond to the PKK's letter in its own letter of 27 March 2015.
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1 Council Common Position of 27 December 2001 on the application of specific measures to combat terrorism (OJ 2001, L 344, p. 93).
2 Case C-599/14 P, Council v. LTTE, EU:C2017:583