Case T-206/02

Kurdistan National Congress (KNK)

v

Council of the European Union

(Action for annulment – Specific restrictive measures directed against certain persons and entities with a view to combating terrorism – Locus standi – Association – Admissibility)

Summary of the order

Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Action by an association promoting the general interests of a category of natural or legal persons – Condition – Locus standi of its members individually – Whether locus standi of former members to be taken into consideration – Not included

(Art. 230, fourth para., EC)

An association formed for the promotion of the collective interests of a category of persons cannot be considered to be individually concerned, for the purposes of the fourth paragraph of Article 230 EC, by a measure affecting the general interests of that category, and is therefore not entitled to bring an action for annulment where its members cannot do so individually. In that regard, it cannot be accepted that a person’s past membership of an association allows that association to rely on possible action by that person. To accept such reasoning would amount to offering an association a sort of perpetual entitlement to bring proceedings, despite the fact that the association can no longer claim to represent the interests of its former member.

(see paras 27, 32)