Şanli v Council (Judgment) French Text [2021] EUECJ T-157/19 (10 February 2021)

Şanli v Council (Judgment) French Text [2021] EUECJ T-157/19 (10 February 2021)

The Council failed to provide sufficient and specific reasons in the contested acts for maintaining the applicant on the terrorism list, particularly regarding the basis for the PKK's continued listing and the applicant's connection, in violation of Article 296 TFEU. This lack of motivation prevented the applicant...

Source-derived case information.

Citation
[2021] EUECJ T-157/19
Parties
Applicant: Dalokay Şanli; Respondent: Council of the European Union; Intervener: Kingdom of the Netherlands
Jurisdiction
European Union
Procedural Posture
Annulment and Damages Action / Final Judgment
Outcome
Application for annulment granted in part; damages claim rejected as inadmissible.
Legal Topics
Restrictive Measures, Terrorism Lists, Obligation to State Reasons, Rights of Defence, Judicial Review
EU Law Sanctions Law Human Rights Restrictive Measures Terrorism Lists Obligation to State Reasons Rights of Defence Judicial Review

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Summary, issues, holding and outcome

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Parties

Dalokay Şanli

Applicant

Council of the European Union

Respondent

Kingdom of the Netherlands

Intervener

Procedural Posture

Annulment and Damages Action / Final Judgment

  1. 1 Whether the Council sufficiently stated reasons for maintaining the applicant on the EU terrorism list
  2. 2 Whether the acts were invalid for lack of motivation under Article 296 TFEU
  3. 3 Whether the applicant's rights of defence were violated

Ratio Decidendi

The Council failed to provide sufficient and specific reasons in the contested acts for maintaining the applicant on the terrorism list, particularly regarding the basis for the PKK's continued listing and the applicant's connection, in violation of Article 296 TFEU. This lack of motivation prevented the applicant from understanding the reasons for the measures and impeded judicial review. The damages claim was inadmissible as it was not included in the initial application.

Court Disposition

Application for annulment granted in part; damages claim rejected as inadmissible.

Orders

  • The Council Decision (PESC) 2019/25 and Implementing Regulation (EU) 2019/24 are annulled insofar as they concern Dalokay Şanli.
  • The remainder of the application is rejected.