Judgment of the Court (Second Chamber) of 22 April 2021 – Council of the European Union v Kurdistan Workers’ Party (PKK), European Commission, United Kingdom of Great Britain and Northern Ireland
(Case C-46/19 P) 1
(Appeal – Common Foreign and Security Policy – Combating terrorism – Restrictive measures taken against certain persons and entities – Freezing of funds – Common Position 2001/931/CFSP – Article 1(3), (4) and (6) – Regulation (EC) No 2580/2001 – Article 2(3) – Retention of an organisation on the list of persons, groups and entities involved in terrorist acts – Conditions – Decision by a competent authority – Ongoing risk of involvement in terrorist activities – Factual basis of the decisions to freeze funds – Decision to review the national decision on which the initial inclusion was based – Obligation to state reasons)
Language of the case: English
Parties
Appellant: Council of the European Union (represented by: B. Driessen and S. Van Overmeire, acting as Agents)
Other parties to the proceedings: Kurdistan Workers’ Party (PKK) (represented by: A.M. van Eik and T.M.D. Buruma, advocaten), European Commission (represented by: R. Tricot, T. Ramopoulos and J. Norris, acting as Agents), and United Kingdom of Great Britain and Northern Ireland (represented: initially by S. Brandon, acting as Agent, and by P. Nevill, Barrister, and subsequently by F. Shibli and S. McCrory, acting as Agents, and by P. Nevill, Barrister)
Interveners in support of the appellant: French Republic (represented by: A.L. Desjonquères, B. Fodda and J.-L. Carré, acting as Agents) and Kingdom of the Netherlands (represented by: M.K. Bulterman and J. Langer, acting as Agents)
Operative part of the judgment
The Court:
Sets aside points 1 to 11, 13 and 14 of the operative part of the judgment of the General Court of the European Union of 15 November 2018, PKK v Council (T-316/14, EU:T:2018:788);
Refers the case back to the General Court of the European Union;
Reserves the costs.
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1 OJ C 103, 18.3.2019.