Extracts from the press briefing by Christiane Hohmann, spokesperson of Benita Ferrero-Waldner, on the Judgement of the Court of Justice of the EC in the cases Yassin Abdullah Kadi and Al Barakaat International Foundation / Council and EC
The European Commission welcomed, on 3 September 2008, the ruling of the Luxembourg-based Court of Justice of the EC to unfreeze the assets of a Saudi businessman and a Sweden-based charity suspected of funding al-Qaeda terror groups.
Christiane Hohmann, spokesperson of Benita Ferrero-Waldner, Member of the EC in charge of External Relations and European Neighbourhood Policy, told journalists that the Commission shared the Court's view that the Community powers under the Treaty are sufficient to adopt effective measures against individuals with presumed links to international terrorism. She added that, while the Court found several violations of fundamental human rights, it maintained the effect of the regulation for three months, and that the Commission would now work together with the Community institutions to find a general framework how to establish sufficient mechanisms in which targeted persons can be heard and effective judicial review can be exercised by Community courts.
The Court of Justice of the EC ruled on 3 September 2008 that the European Union had violated the rights of two suspected al-Qaeda affiliates by freezing their assets without first informing them that they had been blacklisted as terror suspects. However, the Court acknowledged that the suspects could have avoided punishment if they had been warned in advance by the authorities. It therefore agreed to maintain the asset freeze for "no more than three months" in order to give the EU time to "remedy the infringements found". SHOTLIST