The Court of First Instance Gives its First Judgments concerning Acts Adopted In the Fight against Terrorism

Judgments of the Court of First Instance in Case T-306/01 and Case T-315/01

Ahmed Ali Yusuf and Al Barakaat International Foundation and Yassin Abdullah Kadi vs Council of the European Union and Commission of the European Communities

This press release details the reasons behind the judgement that the European Community may order the freezing of the assets of an individual suspected of involvement in international terrorism. The court found that such action is not an infringement of universally recognised human rights and is in line with United Nations law. United Nations law takes precedence over EC law although the European Community is not a member of the UN, it is nevertheless bound by the same obligations in the same way as its member states. Sanctions may also be imposed on third countries where appropriate. The freezing of funds is a legitimate tool within the remit of the United Nations in the fight against international terrorism. In light of the fact that Community institutions have no discretion in the implementation of sanctions determined by the UN Security Council, the Court found that the Sanctions Committee did not require a personal hearing from the individuals concerned.

21 September 2005

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