EU: Council reports that the court finds that nobody in the EU is responsible for the EU-Turkey deal of 16 March 2016
20 October 2018
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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
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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."
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