Judgments in Cases C-599/14 P and C-79/15 P Council v Liberation Tigers of Tamil Eelam (LTTE) and Council v Hamas

Author (Corporate)
Series Title
Series Details No.85, 2017 (26.07.17)
Publication Date 26/07/2017
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Background and further information:

This decision partially followed an Opinion from the Court's Advocate-General released in September 2016.

The Council of the European Union adopted in December 2001 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 challenge the Council measures by which they were initially listed, they contested their maintenance on the list before the General Court. In separate judgements (see Hamas), 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.

The Court of Justice of the European Union (CJEU) declared on 26 July 2017 that the General Court should not have annulled Hamas' retention on the European list of terrorist organisations and refers the case back to the General Court.

On the other hand, the Court of Justice upheld the annulment of the retention on the list of the Liberation Tigers of Tamil Eelam (LTTE).

Source Link Link to Main Source https://curia.europa.eu/jcms/jcms/p1_402926/
Related Links
Haaretz, 26.07.17: Top EU Court Overrules Lower Court, Keeping Hamas on Terrorism Blacklist http://www.haaretz.com/world-news/europe/1.803490
BBC News, 26.07.17: EU top court keeps Hamas on terror blacklist http://www.bbc.co.uk/news/world-europe-40727791
Politico, 26.07.17: European court keeps Hamas on terror list http://www.politico.eu/article/european-court-keeps-hamas-on-terror-list/
Sputnik International, 26.07.17: After US Outrage and Member State Pressure, Hamas Remain on EU Terror Group List https://sptnkne.ws/eZqf
Deutsche Welle, 26.07.17: EU's top court keeps Hamas on terror list http://p.dw.com/p/2h9Tj

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