Case T-308/18: Action brought on 17 May 2018 — Hamas v Council
C2592018EN4310120180517EN0058431442
Action brought on 17 May 2018 — Hamas v Council
(Case T-308/18)2018/C 259/58Language of the case: French
Parties
Applicant: Hamas (Doha, Qatar) (represented by: L. Glock, lawyer)
Defendant: Council of the European Union
Form of order sought
The applicant claims that the Court should:
—
annul Council Decision (CFSP) 2018/475 of 21 March 2018 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 (CFSP) 2017/1426 (OJ 2018 L 79, p. 26);
—
annul Council Implementing Regulation (EU) 2018/468 of 21 March 2018 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) 2017/1420 (OJ 2018 L 79, p. 7);
in so far as those measures apply to Hamas, including Hamas-Izz al-Din al-Qassem;
—
order the Council to pay all of the costs.
Pleas in law and main arguments
In support of the action, the applicant relies on seven pleas in law:
1.
First plea in law: infringement of Article 1(4) of Common Position 2001/931.
2.
Second plea in law: errors committed by the Council as to the accuracy of the factual allegations made against the applicant.
3.
Third plea in law: mistaken characterisation by the Council of Hamas as a terrorist group.
4.
Fourth plea in law: infringement of the principle of non-interference.
5.
Fifth plea in law: failure to take sufficient account of the development of the situation owing to the passage of time.
6.
Sixth plea in law: infringement of the obligation to state reasons.
7.
Seventh plea in law: infringement of the rights of defence and of the right to effective judicial protection.
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