December 2, 2021

EU’s General Court upholds counterterrorism sanctions upon LTTE

The EU General Court recently dismissed a request by the European Political Subdivision of the Liberation Tiger of Tamil Eelam (LTTE) to annul the EU Council’s 2019 Decisions and 2020 Implementing Regulations that imposed counterterrorism-related restrictions upon LTTE and included the group on the EU’s terrorist sanctions list.  In its November 24, 2021, the court determined that the UK Home Secretary is a “competent authority” in accordance with the definition provided in Common Position 2021/931 and, therefore, the Council’s reliance upon the UK Home Secretary’s assessment and findings in 2001 related to the LTTE’s listing was appropriate.  The court also concluded that UK Home Secretary’s 2001 decision adequately justified the LTTE’s inclusion on the “fund-freezing list” by the Council in 2019 and 2020.  The court rejected the LTTE’s argument that the Council failed to meet the legal standard required to classify the group as a “terrorist organization” under Article 1(3) of Common Position 2001/931.       

General Court Judgment