K.P. (Free movement of capital - Judgment) French Text [2019] EUECJ C-458/15 (20 June 2019)

K.P. (Free movement of capital - Judgment) French Text [2019] EUECJ C-458/15 (20 June 2019)

The Council's decisions maintaining the LTTE on the terrorist list from 2007 to early 2009 were valid, as they were sufficiently reasoned and based on recent facts and national decisions. However, the Council's regulation of 15 June 2009 (501/2009), adopted after the LTTE's military defeat, failed to address this...

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Citation
[2019] EUECJ C-458/15
Parties
Applicant: K. P.; Respondent: Council of the European Union; Intervener: European Commission
Jurisdiction
European Union
Procedural Posture
Preliminary Reference (article 267 Tfeu) in Criminal Proceedings / Judgment on Validity of EU Acts
Outcome
Partial invalidity of EU act; other acts upheld.
Legal Topics
Free Movement of Capital, Restrictive Measures, Counter Terrorism, Validity of EU Acts, Obligation to State Reasons, Sanctions Lists
European Union Law Criminal Law International Law Free Movement of Capital Restrictive Measures Counter Terrorism Validity of EU Acts Obligation to State Reasons +1 more

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Parties

K. P.

Applicant

Council of the European Union

Respondent

European Commission

Intervener

Procedural Posture

Preliminary Reference (article 267 Tfeu) in Criminal Proceedings / Judgment on Validity of EU Acts

  1. 1 Whether the Council's acts maintaining the LTTE on the EU terrorist list from 11 August 2007 to 27 November 2009 were valid, particularly regarding the obligation to state reasons and the factual basis for continued listing after a material change in circumstances.

Ratio Decidendi

The Council's decisions maintaining the LTTE on the terrorist list from 2007 to early 2009 were valid, as they were sufficiently reasoned and based on recent facts and national decisions. However, the Council's regulation of 15 June 2009 (501/2009), adopted after the LTTE's military defeat, failed to address this material change in circumstances or provide reasons for continued listing, breaching the obligation to state reasons and rendering the act invalid to that extent.

Court Disposition

Partial invalidity of EU act; other acts upheld.

Orders

  • Decisions 2007/445, 2007/868, 2008/583, and 2009/62 of the Council are valid.
  • Regulation (EC) No 501/2009 of the Council is invalid insofar as it maintained the LTTE on the terrorist list after their military defeat.