19The Court of First Instance held that the application of Serif Vanly on behalf of the KNK was inadmissible on the following grounds:43 ... the KNK has already challenged Decision 2002/334 in its action in Case T-206/02. Therefore, because of the identity of the subject-matter, cause of action and parties, this action, in so far as it is brought by the KNK against Decision 2002/334, is inadmissible by virtue of lis pendens....45 As regards the action brought against Decision 2002/460 by the KNK, it follows from settled case-law that an association formed for the protection 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 ofthat category, and is therefore not entitled to bring an action for annulment if its members cannot do so individually (Joined Cases 19/62 to 22/62 Federation nationale de la boucherie en gros et du commerce en gros des viandes and Others v Council [1962] ECR 491, [at p. 499,] and Case T-69/96 Hamburger Hafen- und Lagerhaus and Others v Commission [2001] ECR II-1037, paragraph 49).46 In this case, it must be noted that, under Article 7A of its Charter, the KNK aims to strengthen the unity and cooperation of the Kurds in all parts of Kurdistan and to support their struggle, based on the best interests of the Kurdish nation. The KNK must therefore be considered to be an association formed for the protection of the collective interests of a category of persons.47 That conclusion is also supported by the applicants' argument that the PKK's listing has a “profoundly chilling effect” on the KNK's ability to pursue those aims and objectives. By virtue of the above-cited case-law, it cannot be concerned individually in that respect48 It must next be established whether the KNK can avail itself of the fact that one or more of its members would be entitled to bring an action for annulment of [Decision 2002/460].49 As regards the PKK, it must be held that the applicants, by claiming that it no longer exists, acknowledge, at the very least, that the PKK is no longer a member of the KNK. In that regard, it cannot be accepted that a persons past membership of an association enables that association to avail itself of that persons possible right of action. To accept such reasoning would be tantamount to conferring on an association some sort of perpetual right to bring proceedings, despite the fact that that association can no longer claim to represent the interests of its former member.50 As regards KADEK, the applicants rely on the fact, in essence, that that body, a potential member of the KNK, is affected by Decision 2002/460 to the point of not being able to join the KNK. Even if KADEK might have been entitled to challenge Decision 2002/460 at the date this action was brought, which seems possible, particularly if it could be regarded as the successor in law and/or in fact to the PKK, the KNK cannot avail itself of KADEK's membership of its organisation, since it is not a member.51 The applicants allege, finally, that the KNK and its members in general are individually concerned on the ground that their activities are curtailed by the fear of having their assets frozen if they cooperate with an entity named on the disputed list. It must be recalled, in that regard, that the prohibition by [Decision 2002/460] on making funds available to the PKK is of general application, because it is addressed to all persons who are subject to Community law. [Decision 2002/460] thus applies to objectively determined situations and entails legal effects for categories of persons regarded generally and in the abstract (see, to that effect, Case 307/81 Alusuisse Italia v Council and Commission [1982] ECR 3463, paragraph 9).52 It must be recalled that natural or legal persons can claim to be concerned individually by a measure of general application only if they are affected by reason of certain attributes which are peculiar to them or by reason of circumstances in which they are differentiated from any other person (Case 25/62 Plaumann v Commission [1963] ECR 95, at p. 107, and Case T-12/93 CCE de Vittel and Others v Commission [1995] ECR II-1247, paragraph 36). The KNK and its members are bound to comply with the prohibition laid down by [Decision 2002/460] concerning the PKK, like all other persons in the Community. The fact that, because of their political opinions, the KNK and its members are more likely than others to surfer the effects of that prohibition is not such as to differentiate them from all other persons within the Community. The fact that a measure of general application may have specific effects which differ according to the various persons to whom it applies is not such as to differentiate them in relation to all the other persons concerned, where that measure is applied on the basis of an objectively determined situation (see Case T-138/98 ACAV and Others v Council [2000] ECR II-341, paragraph 66, and the case-law there cited)....56 Since the KNK cannot avail itself of the fact that one of its members is entitled to bring an action for annulment of [Decision 2002/460], it must be held that it is not individually concerned by that decision.57 Accordingly, the action, in so far as it is brought by the KNK against Decision 2002/460, is inadmissible’.
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