A and Others v. Minister van Buitenlandse Zaken

Abstract

Economics, trade and finance — Economic sanctions — Freezing of assets — Implementation in European Union law of sanctions imposed by United Nations Security Council — United Nations Security Council Resolution 1373 (2003) to combat terrorism — Council Implementing Regulation (EU) No 610/2010 implementing Article 2(3) of Council Regulation (EC) No 2580/2001 — Applicants’ assets frozen by Dutch authorities pursuant to EU Implementing Regulation — Applicants’ assets frozen on basis of funding organization regarded as terrorist organization — Organization listed under Article 2(3) of Regulation — Whether organization engaged in terrorist acts — Definition of terrorist acts — Whether actions by armed forces during periods of armed conflict within meaning of international humanitarian law constituting “terrorist acts” for purposes of European Union law — Validity of Implementing Regulation

Terrorism — Measures to combat terrorism — European Union law — International law — Treaties — International humanitarian law — United Nations Security Council Resolution 1373 (2003) — Implementation by European Union — Organization regarded as terrorist organization — Organization listed under Article 2(3) of Council Regulation (EC) No 2580/2001 — Whether actions by armed forces during periods of armed conflict within meaning of international humanitarian law constituting “terrorist acts” for purposes of European Union law — EU Framework Decision 2002/475 — Council Common Position 2001/931/CFSP and Regulation 2580/2001 — Objectives — Definitions of “terrorist act” — Relevance — Validity of Council Implementing Regulation (EU) No 610/2010

War and armed conflict — Non-international armed conflicts — Actions of armed forces governed by international humanitarian law — Geneva Conventions, 1949, Common Article 2 — Geneva Conventions, Common Article 3 — Article 1 of Protocol I — Articles 1, 4, 6 and 13(2) of Protocol II — Whether actions of armed forces capable of constituting terrorist acts for purposes of European Union law — Validity of Council Implementing Regulation (EU) No 610/2010

International organizations — United Nations — United Nations Security Council Resolutions (“UNSCRs”) — UNSCR 1373 (2003) to combat terrorism — Implementation by European Union — Council Common Position 2001/931/CFSP — Council Regulation (EC) No 2580/2001 — Council Implementing Regulation (EU) No 610/2010 implementing Article 2(3) of Regulation No 2580/2001 — Organization listed under Article 2(3) of EU Regulation — Whether actions by armed forces during periods of armed conflict within meaning of international humanitarian law constituting “terrorist acts” for purposes of European Union law — Validity of Implementing Regulation

International organizations — European Union — Implementing Regulation — Interpretation — Context — Imposition of restrictive measures — Freezing of funds — Inclusion of group on list of those whose funds were to be frozen pursuant to Article 2(3) of Council Regulation (EC) No 2580/2001 — Whether actions by armed forces during periods of armed conflict within meaning of international humanitarian law precluded from constituting “terrorist acts” for purposes of European Union law — Validity of Council Implementing Regulation (EU) No 610/2010

Relationship of international law and municipal law — Treaties — International humanitarian law — United Nations Security Council Resolution 1373 (2003) to combat terrorism — Implementation by European Union — European Union law — Objectives — Council Common Position 2001/931/CFSP — Council Regulation (EC) No 2580/2001 — Council Implementing Regulation (EU) No 610/2010 implementing Article 2(3) of Regulation No 2580/2001 — Dutch law — Dutch authorities freezing assets of applicants pursuant to EU Implementing Regulation — Applicants’ assets frozen on basis of funding organization regarded as terrorist organization — Organization listed under Article 2(3) of Regulation — Whether organization engaged in terrorist acts — Definition of terrorist acts — Whether actions by armed forces during periods of armed conflict within meaning of international humanitarian law constituting “terrorist acts” for purposes of European Union law — Validity of Implementing Regulation

International tribunals — Court of Justice of the European Union — Treaty on the Functioning of the European Union — Admissibility of actions for annulment of Implementing Regulation by applicants — Inclusion of group on list of those whose funds were to be frozen pursuant to Article 2(3) of Council Regulation (EC) No 2580/2001 — Applicants not themselves appearing on list — Whether applicants permitted to invoke invalidity of Implementing Regulation in main proceedings — The law of the European Union