ECJ, Judgment of the Court of Justice in Case C-354/04 P and 355/04 P

Gestoras Pro-Amnistía, Juan Mari Olano Olano and Julen Zenarain Enarrastiv Council of the European Union and Segi, Araitz Zubimendi Izaga and

Aritza Galarragav Council of the European Union

The Court of Justice rejects the appeals brought by the applicants claiming compensation following their inclusion on the list of persons, groups or entities involved in acts of terrorism, stating that the appellants are not deprived of all effective judicial protection and the orders of the Court of First Instance do not prejudice their right to such protection.

In 2001 the Council of the European Union adopted a common position on the application of specific measures to combat terrorism. A list of persons, groups or entities involved in terrorist acts appears in the Annex to that common position. It was drawn up on the basis of precise information supplied by the judicial or police authorities of the Member States.

On 7 June 2004 the Court of First Instance rejected the actions brought by Gestoras Pro-Amnistía, Juan Mari Olano Olano and Julen Zenarain Enarrasti and by Segi, Araitz Zubimendi Izaga and Aritza Galarraga respectively, seeking damages for the harm allegedly suffered as a result of the inclusion of Gestoras Pro-Amnistía and Segi in the list of persons, groups or entities involved in terrorist acts. The appellants have brought two appeals before the Court of Justice seeking to have those orders set aside. They maintain, in particular, that they have no means of challenging the inclusion of Gestoras Pro-Amnistía and Segi in that list and that the orders of the Court of First Instance prejudice their right to effective judicial protection.

By today’s judgment the Court of Justice upholds the orders of the Court of First Instance and dismisses the appeals.

Available at: http://curia.europa.eu/

Source : http://curia.europa.eu/