Court of Justice of the European Union Annuls Measures Maintaining the LTTE on List of Terrorist Organizations (October 16, 2014) [1]
On October 16, 2014, the General Court of the Court of Justice of the European Union (the Court) annulled [3], on procedural grounds, measures maintaining the Liberation Tigers of Tamil Eelam (LTTE) on the EU list relating to frozen funds of terrorist organizations. According to the press release [4], the Court found “that the contested measures are based not on acts examined and confirmed in decisions of competent authorities, as required by Common Position 2001/931 [5] and case-law, but on factual imputations derived from the press and the internet.” The Court found that while decisions by Indian authorities used in the decision to maintain the LTTE on the list may be considered a “competent authority,” the European Council did not “carefully verify at the outset that the legislation of the third State ensures protection of the rights of defence and of the right to effective judicial protection equivalent to that guaranteed at EU level.”