Gamaa Islamya Egypte v Council (Judgment) French Text [2019] EUECJ T-643/16 (10 April 2019)

Gamaa Islamya Egypte v Council (Judgment) French Text [2019] EUECJ T-643/16 (10 April 2019)

The Council failed to provide sufficient motivation and verification regarding respect for rights of defence and judicial protection in the US decisions relied upon. Therefore, those US decisions could not serve as a basis for the applicant's listing. However, the UK Home Secretary's decision, being subject to...

Source-derived case information.

Citation
[2019] EUECJ T-643/16
Parties
Applicant: Al-Gama’a al-Islamiyya Egypt (Gamaa Islamya Égypte); Respondent: Council of the European Union; Intervener: European Commission
Jurisdiction
European Union
Procedural Posture
Annulment Action (article 263 Tfeu) / Final Judgment
Outcome
Application dismissed
Legal Topics
Restrictive Measures, Terrorism Lists, Judicial Review, Rights of Defence, Motivation of Acts, Third Country Authorities
EU Law International Law Counter Terrorism Restrictive Measures Terrorism Lists Judicial Review Rights of Defence Motivation of Acts +1 more

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Parties

Al-Gama’a al-Islamiyya Egypt (Gamaa Islamya Égypte)

Applicant

Council of the European Union

Respondent

European Commission

Intervener

Procedural Posture

Annulment Action (article 263 Tfeu) / Final Judgment

  1. 1 Whether the Council lawfully maintained the applicant on EU terrorism lists based on decisions of UK and US authorities
  2. 2 Whether US authorities qualify as 'competent authorities' under Common Position 2001/931/PESC
  3. 3 Whether the Council fulfilled its obligation to state reasons and verify respect for rights of defence and judicial protection

Ratio Decidendi

The Council failed to provide sufficient motivation and verification regarding respect for rights of defence and judicial protection in the US decisions relied upon. Therefore, those US decisions could not serve as a basis for the applicant's listing. However, the UK Home Secretary's decision, being subject to judicial review and equivalent to a judicial decision, could serve as a valid basis. The Council was not required to provide 'serious and credible evidence' for such administrative decisions. The applicant's arguments regarding lack of specificity and the nature of the UK decision were rejected.

Court Disposition

Application dismissed

Orders

  • The application for annulment is dismissed.
  • The applicant is ordered to pay the costs.