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European Union
Council of the European Union v Hamas (C-79/15 P)
Judgment
The appeal
The first ground of appeal
Findings of the Court
–The second part of the first ground o…
50

Council of the European Union v Hamas (C-79/15 P)

Judgment of 26 Jul 2017law://eu/cjeu/2015/c-79-15/para_50@2026-11-10

50It follows that the General Court erred in law when it ruled that the Council had infringed Article 1 of Common Position 2001/931 by relying, in the statements of reasons relating to the acts at issue, on material from sources other than national decisions adopted by competent authorities.

Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.

Key facts

Court: Court of Justice · Grand Chamber
Case: C-79/15 P · ECLI:EU:C:2017:584
Decided: 26 Jul 2017
Procedure: Action for annulment
Ruled invalid: 62010TJ0400
Applicants: Council of the European Union; Hamas
Rapporteur: T. von Danwitz
Advocate General: E. Sharpston
Bench: 15 judges
K. Lenaerts, A. Tizzano, L. Bay Larsen, T. von Danwitz, J.L. da Cruz Vilaça, M. Vilaras, J. Malenovský, E. Levits, J.-C. Bonichot, A. Arabadjiev, C. Vajda, S. Rodin, F. Biltgen, K. Jürimäe, C. Lycourgos
Language: French
Official: CURIA · EUR-Lex 62015CJ0079

Topics

Common foreign and security policy

History · 1 version

26 Jul 2017Reading

Connections

Interprets 1: Hamas v Council of the European Union (T-400/10)
Cited by 10: Nizar Assaad v Council of the European Union (T-426/21); European Political Subdivision of the Liberation Tigers of Tamil Eelam (LTTE) v Council of the European Union (T-160/19); Council of the European Union v Kurdistan Workers' Party (PKK) (C-46/19 P); Dalokay Şanli v Council of the European Union (T-157/19); Hamas v Council of the European Union (C-122/19); Hamas v Council of the European Union (C-386/19); Hamas v Council of the European Union (T-308/18)5 provisions; Gamaa Islamya Égypte v Council of the European Union (T-643/16)4 provisions; Hamas v Council of the European Union (T-289/15)4 provisions; Kurdistan Workers' Party (PKK) v Council of the European Union (T-316/14)6 provisions
Cites 25: Treaty on the Functioning of the European Union (consolidated 2016); Treaty on European Union (consolidated 2016); Stichting Al-Aqsa v Council of the European Union and Kingdom of the Netherlands v Stichting Al-Aqsa (C-539/10 P, C-550/10 P); European Commission and Others v Yassin Abdullah Kadi (C-584/10 P, C-593/10 P, C-595/10 P); Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism; Council Implementing Regulation (EU) No 790/2014 of 22 July 2014 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combatting terrorism, and repealing Implementing Regulation (EU) No 125/2014; Council Implementing Regulation (EU) No 125/2014 of 10 February 2014 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 Implementing Regulation (EU) No 714/2013; Hamas v Council of the European Union (T-400/10); 2001/927/EC: Council Decision of 27 December 2001 establishing the list provided for in Article 2(3) of Council Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism; Council Decision 2012/765/CFSP of 10 December 2012 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism and repealing Decision 2012/333/CFSP; Council Implementing Regulation (EU) No 687/2011 of 18 July 2011 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 Implementing Regulations (EU) No 610/2010 and (EU) No 83/2011; Council Implementing Regulation (EU) No 1169/2012 of 10 December 2012 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 Implementing Regulation (EU) No 542/2012; Council Decision 2011/872/CFSP of 22 December 2011 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism and repealing Decision 2011/430/CFSP; Council Implementing Regulation (EU) No 1375/2011 of 22 December 2011 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 Implementing Regulation (EU) No 687/2011; Council Implementing Regulation (EU) No 714/2013 of 25 July 2013 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 Implementing Regulation (EU) No 1169/2012; Council Implementing Regulation (EU) No 542/2012 of 25 June 2012 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 Implementing Regulation (EU) No 1375/2011; Council Decision 2012/333/CFSP of 25 June 2012 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism and repealing Decision 2011/872/CFSP; Council Implementing Regulation (EU) No 610/2010 of 12 July 2010 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 Implementing Regulation (EU) No 1285/2009; Council Decision 2011/430/CFSP of 18 July 2011 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism; 2013/395/CFSP: Council Decision 2013/395/CFSP of 25 July 2013 updating and amending the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision 2012/765/CFSP; Council Decision 2014/72/CFSP of 10 February 2014 updating and amending the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision 2013/395/CFSP; Council Decision 2014/483/CFSP of 22 July 2014 updating and amending the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision 2014/72/CFSP; 2010/386/CFSP: Council Decision 2010/386/CFSP of 12 July 2010 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism; Council Decision 2011/70/CFSP of 31 January 2011 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism; Council of the European Union v Fulmen and Fereydoun Mahmoudian (C-280/12 P)