E & F (Common foreign and security policy) [2010] EUECJ C-550/09 (29 June 2010)

E & F (Common foreign and security policy) [2010] EUECJ C-550/09 (29 June 2010)

The inclusion of DHKP-C on the EU terrorist list prior to 29 June 2007 was illegal due to the absence of a statement of reasons, violating Article 296 TFEU, and cannot form the basis for criminal conviction for that period. Article 2(1)(b) of Regulation No 2580/2001 covers the transfer of funds by members to their own listed organisation, regardless of the source of funds or prior accessibility.

Citation
[2010] EUECJ C-550/09
Parties
Defendant: E; Defendant: F; Prosecutor: Generalbundesanwalt beim Bundesgerichtshof; Organisation: Devrimci Halk Kurtulus Partisi-Cephesi (DHKP-C)
Jurisdiction
European Union
Judgment Date
29 June 2010
Procedural Posture
Criminal Proceedings / Reference for Preliminary Ruling
Outcome
Reference answered; inclusion of DHKP-C on the list prior to 29 June 2007 is illegal; Article 2(1)(b) covers transfers by members to their own listed organisation.
Legal Topics
Restrictive Measures, Terrorism Financing, Procedural Safeguards, Interpretation of EU Regulations, Criminal Liability
European Union Law Criminal Law Restrictive Measures Terrorism Financing Procedural Safeguards Interpretation of EU Regulations Criminal Liability

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Parties

E

Defendant

F

Defendant

Generalbundesanwalt beim Bundesgerichtshof

Prosecutor

Devrimci Halk Kurtulus Partisi-Cephesi (DHKP-C)

Organisation

Procedural Posture

Criminal Proceedings / Reference for Preliminary Ruling

Legal Issues

  1. 1 Legality of inclusion of DHKP-C on EU terrorist list prior to 29 June 2007
  2. 2 Interpretation of Articles 2 and 3 of Regulation No 2580/2001 regarding transfer of funds by members to listed entities

Ratio Decidendi

The inclusion of DHKP-C on the EU terrorist list prior to 29 June 2007 was illegal due to the absence of a statement of reasons, violating Article 296 TFEU, and cannot form the basis for criminal conviction for that period. Article 2(1)(b) of Regulation No 2580/2001 covers the transfer of funds by members to their own listed organisation, regardless of the source of funds or prior accessibility.

Court Disposition

Reference answered; inclusion of DHKP-C on the list prior to 29 June 2007 is illegal; Article 2(1)(b) covers transfers by members to their own listed organisation.

Orders

  • Inclusion of DHKP-C on the list prior to 29 June 2007 is illegal and cannot form the basis for criminal conviction for that period.
  • Article 2(1)(b) of Regulation No 2580/2001 covers transfers by members to their own listed organisation of funds collected from third parties.