Statewatch News Online
EU
Bookmark and Share  
Council reports that the court finds that nobody in the EU is responsible for the EU-Turkey deal of 16 March 2016
"the General Court's main finding according to which the aforementioned EU-Turkey Statement does not relate to an act of the European Council nor of any other body, office or agency of the Union and hence that the actions fell outside jurisdiction of the Court of Justice, stands."
20.10.18
Follow us: | | Tweet


The Legal Service of the Council has circulated a Note: Cases before the Court of Justice Cases C-208/17 P, C-209/17 P and C-210/17 P - EU-Turkey Statement - Final dismissal of appeals (LIMITE doc no: 12217-18, pdf) concerning who was responsible for the EU-Turkey Statement of 16 March 2016.

On 28 February 2017:

"the General Court dismissed the three actions as inadmissible on the grounds of lack of jurisdiction. In particular, the General Court held that the EU-Turkey Statement did not relate to an act of the European Council nor of any other body, office or agency of the Union and hence that the actions fell outside the Court's jurisdiction. " [emphasis added throughout]

See: EU-Turkey deal: who is responsible? Not the EU, says the Court of Justice (Statewatch News Online, 1 March 2017)

See: LIMITE doc no: 9148-17 (pdf) Setting out the grounds of the appeal.

In the appeal against this judgment:

"the Court holds that the appellants merely sought to express their disagreement with the General Court’s assessment of the facts, while requesting that those facts be assessed again by the Court of Justice, without claiming or establishing that the General Court’s assessment of the facts was manifestly inaccurate. (...)

The direct actions for annulment brought in 2016 against the European Council pertaining to the EU-Turkey Statement of 18 March 2016 have thereby come to a definitive end. The dismissal of the three appeals means that the General Court's main finding according to which the aforementioned EU-Turkey Statement does not relate to an act of the European Council nor of any other body, office or agency of the Union and hence that the actions fell outside jurisdiction of the Court of Justice, stands."

Support our work by making a one-off or regular donation to help us continue to monitor the state and civil liberties in Europe
Search our database for more articles and information or subscribe to our mailing list for regular updates from Statewatch News Online.

We welcome contributions to News Online and comments on this website. E-mail us or send post to Statewatch c/o MayDay Rooms, 88 Fleet Street, London EC4Y 1DH.

Home | News Online | Journal | Observatories | Analyses | Database | SEMDOC | About Statewatch

© Statewatch ISSN 1756-851X. Personal usage as private individuals/"fair dealing" is allowed. We also welcome links to material on our site. Usage by those working for organisations is allowed only if the organisation holds an appropriate licence from the relevant reprographic rights organisation (eg: Copyright Licensing Agency in the UK) with such usage being subject to the terms and conditions of that licence and to local copyright law.