Advocate General’s Opinions in Case C-599/14 P Council of the European Union v LTTE and in Case C-79/15 P Council of the European Union and Hamas

Author (Corporate)
Series Title
Series Details No.108, 2016 (22.09.16)
Publication Date 22/09/2016
Content Type

The European Court of Justice's Advocate General Eleanor Sharpston considered on 22 September 2016 that the Court should annul the measures maintaining Hamas and LTTE (Liberation Tigers of Tamil Eelam) on the EU list of terrorist organisations on procedural grounds.

On 27 December 2001, the Council of the European Uniopn adopted a common position and a regulation to combat terrorism. Those measures require the freezing of the funds of individuals, groups and entities that are suspected of involvement in terrorist acts and whose names are included on a list adopted and regularly updated by the Council.

Hamas and the LTTE were included on that list. Whilst these organisations did not challenges the Council measures by which they were initially listed, they contested their maintenance on the list before the General Court. In separate judgements, the Council annulled the contested measures concerning Hamas and LTTE. The Council appealed both judgements on the grounds that the General Court incorrectly assessed the use of information in the public domain.

Source Link http://curia.europa.eu/jcms/upload/docs/application/pdf/2016-09/cp160108en.pdf
Related Links
ESO: Background information: Judgment in Joined Cases T-208/11 and T-508/11. Liberation Tigers of Tamil Eelam (LTTE) v Council http://www.europeansources.info/record/press-release-judgment-in-joined-cases-t-208-11-and-t-508-11-liberation-tigers-of-tamil-eelam-ltte-v-council/
ESO: Background information: Judgment of the General Court in case T-400/10 Hamas v Council http://www.europeansources.info/record/judgment-of-the-general-court-in-case-t-400-10-hamas-v-council/
EurActiv, 23.09.16: EU court recommends removal of Tamil Tigers and Hamas from terrorist list http://www.euractiv.com/section/security/news/eu-court-recommends-removal-of-tamil-tigers-and-hamas-from-terrorist-list/
The Wall Street Journal, 22.09.16: EU Top Court Advised to Drop Hamas, Tamil Tigers From Terror List http://www.wsj.com/articles/eu-top-court-advised-to-drop-hamas-tamil-tigers-from-terror-list-1474535703
BBC News, 22.09.16: EU advised to drop Hamas and Tamil Tigers from terror list http://www.bbc.co.uk/news/world-europe-37437979
Haaretz, 23.09.16: Israel Convinced EU Will Keep Hamas on Terror List http://www.haaretz.com/israel-news/.premium-1.743772
The Times of Israel, 22.09.16: Top EU lawyer says Hamas should be dropped from terror list http://www.timesofisrael.com/top-eu-lawyer-says-hamas-should-be-dropped-from-terror-list/

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