Judgment of the Court of First Instance (Seventh Chamber) of 3 April 2008 – KONGRA‑GEL and Others v Council

(Case T-253/04)

Common foreign and security policy – Restrictive measures directed against certain persons and entities with a view to combating terrorism – Freezing of funds – Action for annulment – Statement of reasons

1.                     Actions for annulment – Jurisdiction of the Community judicature – Claim seeking that directions be issued to an institution – Inadmissibility (Art. 230 EC) (see para. 48)

2.                     Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Decision to freeze funds directed against certain persons and entities suspected of terrorist activities (Arts 230, fourth para., EC and 249 EC; Council Regulation No 2580/2001; Council Decision 2004/306) (see paras 76-78)

3.                     Actions for annulment – Interest in bringing proceedings – Action brought against an implemented or interrupted measure (Art. 233 EC) (see paras 82-85)

4.                     Acts of the institutions – Statement of reasons – Obligation – Scope – Decision to freeze funds directed against certain persons and entities suspected of terrorist activities – Minimum requirements (Art. 253 EC; Council Common Position 2001/931, Art. 1(4) and (6); Council Regulation No 2580/2001) (see paras 95-98)

5.                     Acts of the institutions – Statement of reasons – Obligation – Correction of an error of reasoning during the proceedings before the Court – Not permissible (Art. 253 EC) (see paras 99-101)

Re:

ACTION for, first, the partial annulment of Council Decision 2004/306/EC of 2 April 2004 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 Decision 2003/902/EC (OJ 2004 L 99, p. 28), and of Regulation No 2580/2001 (OJ 2001 L 344, p. 70), and, secondly, damages.

Operative part

The Court:

1. Annuls Council Decision 2004/306/EC of 2 April 2004 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 Decision 2003/902/EC in so far as it concerns KONGRA-GEL;

2. Orders the Council to bear, in addition to its own costs, all the costs incurred by the applicants;

3. Orders the United Kingdom of Great Britain and Northern Ireland to pay its own costs.