Judgment of the Court of First Instance (Seventh Chamber) of 3 April 2008 – PKK v Council

(Case T-229/02)

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 – Interest in bringing proceedings – Action brought against an implemented or interrupted measure (Art. 233 EC) (see paras 48-51)

2.                     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 62-64)

3.                     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 68-70)

Re:

ACTION for, first, annulment of Council Decision 2002/460/EC of 17 June 2002 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 2002/334/EC (OJ 2002 L 160, p. 26) and, second, damages.

Operative part

The Court:

1. Annuls Council Decision 2002/460/EC of 17 June 2002 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 2002/334/EC in so far as it concerns the Kurdistan Workers’ Party (PKK);

2. Orders the Council to bear, in addition to its own costs, all the costs incurred by Osman Ocalan on behalf of the PKK before the Court of First Instance and the Court of Justice;

3. Orders the United Kingdom of Great Britain and Northern Ireland and the Commission of the European Communities to pay their own costs.