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European Court of First Instance
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14 April 2008
Annulment of Council Decision 2002/460/EC: of 17 June 2002 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2002/334/EC (OJ 2002 L 160, p. 26), in so far as the PKK is included on the list of persons, groups and entities to whom those provisions apply, and, in the alternative, a declaration that Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (OJ 2001 L 344, pl 70) is illegal - Case C-229/05 P referred back by the Court after cassation
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31 October 2005
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.