The background to this case is the same as the EU Kadi litigation (see previous blog). Chafiq Ayadi (a Tunisian national living in Ireland) was added to the UN Security Council’s Al Qaida sanctions list in 2001 (just after 9/11) at the same time as Mr Kadi (without any reasons). Like Mr Kadi, he brought an application to annul the EU implementation of that UN listing in 2002, which he lost before the Court of First Instance in 2006 (T?253/02) then won on appeal to the ECJ (C-399/06 P and C-403/06 P). Both men then challenged their re-listing by the EU, which was based on the UN’s statement of reasons. Mr Kadi won Kadi II in the ECJ (see previous blog). Mr Ayadi has just won Ayadi II in the General Court (link to judgment here), the case having been remitted to the General Court by the ECJ, which had decided in 2013 that he still had a right to continue the case even though he had been de-listed by the UN and EU in 2011 (see previous blog).
The General Court found all of Mr Ayadi’s arguments to be admissible, even though he had not expressly raised them before the ECJ remittal, because he had “adhered to the core substance” of his previous arguments. Mr Ayadi won on the same grounds as Mr Kadi in Kadi II. The Commission had not discharged its duty to examine whether the reasons for his listing were well founded in light of his observations or to request disclosure of information that would have helped it discharge that duty, and, as in Kadi II, had only observed the rights of the defence “in the most formal and superficial sense”. The Court held that although it was not legally bound by the factual findings about Mr Ayadi in Kadi II, it applied them by analogy in the absence of any other evidence, dismissed all other allegations against Mr Ayadi, and ordered the Commission to pay his costs (to refund the Court, since Mr Ayadi was legally aided).
Maya Lester QC is a senior barrister (Queen’s Counsel) at Brick Court Chambers with a wide-ranging practice in public law, European law, competition law, international law, human rights & civil liberties. She has a particular expertise in sanctions. The legal directories say she is the...See profile for Maya Lester QC >