Judgment of the General Court of 14 March 2018 — Kim and Others v Council and Commission
(Joined Cases T-533/15 and T-264/16) 1
(Common foreign and security policy — Restrictive measures against North Korea with the aim of preventing nuclear proliferation — List of persons and entities to which the freezing of funds and economic resources applies — Inclusion of the applicants’ names — Proof that inclusion on the list is well founded — Obligation to state reasons)
Language of the case: English
Parties
Applicants in Case T-533/15: Il-Su Kim (Pyongyang, North Korea) and the five other applicants whose names appear in the annex to the judgment (represented by: M. Lester QC, S. Midwinter QC, T. Brentnall and A. Stevenson, Solicitors)
Applicant in Case T-264/16: Korea National Insurance Corporation (Pyongyang) (represented by: M. Lester, S. Midwinter, T. Brentnall and A. Stevenson)
Defendants: Council of the European Union (represented initially by A. de Elera-San Miguel Hurtado and A. Vitro, and subsequently by A. Vitro and F. Naert, acting as Agents), European Commission (represented, in Case T-533/15, by L. Havas, S. Bartelt and D. Gauci, acting as Agents, and, in Case T-264/16, by L. Havas and S. Bartelt, acting as Agents, and subsequently, in Case T-533/15, by L. Havas and D. Gauci, acting as Agents, and, in Case T-264/16, by L. Havas, acting as Agent)
Intervener in support of the defendants in Case T-533/15: United Kingdom of Great Britain and Northern Ireland (represented initially by V. Kaye, subsequently by S. Brandon, then by S. Brandon and C. Crane, and finally by S. Brandon, acting as Agents)
Re:
APPLICATION, in Case T-533/15, pursuant to Article 263 TFEU for annulment of Council Decision (CFSP) 2015/1066 of 2 July 2015 amending Decision 2013/183/CFSP concerning restrictive measures against the Democratic People’s Republic of Korea (OJ 2015 L 174, p. 25), of Commission Implementing Regulation (EU) 2015/1062 of 2 July 2015 amending Council Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea (OJ 2015 L 174, p. 16), of Council Decision (CFSP) 2016/475 of 31 March 2016 amending Decision 2013/183/CFSP concerning restrictive measures against the Democratic People’s Republic of Korea (OJ 2016 L 85, p. 34), of Commission Implementing Regulation (EU) 2016/659 of 27 April 2016 amending Council Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea (OJ 2016 L 114, p. 9), of Council Decision (CFSP) 2016/849 of 27 May 2016 concerning restrictive measures against the Democratic People’s Republic of Korea and repealing Decision 2013/183/CFSP (OJ 2016 L 141, p. 79), and of any related Council implementing regulations, in so far as those acts concern the applicants, and, in Case T-264/16, pursuant to Article 263 TFEU for annulment of Decision 2016/475, of Implementing Regulation 2016/659, of Decision 2016/849 and of any related Council implementing regulations, in so far as those acts concern the applicant.
Operative part of the judgment
The Court:
Dismisses the actions;
In Case T-533/15, orders Mr Kim Il-Su and the other applicants whose names appear in the annex to pay the costs, with the exception of those incurred by the United Kingdom of Great Britain and Northern Ireland;
In Case T-264/16, orders Korea National Insurance Corporation to pay the costs;
In Case T-533/15, orders the United Kingdom to bear its own costs.
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1 OJ C 381, 16.11.2015.