AG Sharpston opinion in LTTE preliminary reference

Advocate General Sharpston, the UK Advocate General at the European Court of Justice, has given her opinion in a request for a preliminary ruling made by the Netherlands’ Council of State in a case brought by 4 people found to have collected for and transferred funds to the LTTE (link to her opinion here).  A, B, C and D were listed not on the EU’s counter-terrorist sanctions, but on Dutch asset freezing measures that implemented a UN 1373 resolution listing.  The Advocate General’s Opinion states that in her view the questions for reference should be answered as follows:

  1. The preliminary reference was admissible because it was not clear that A, B, C and D would have had standing to bring a direct action in the General Court (since they were not EU-designated).
  2. The LTTE’s actions could be classified as terrorist acts for EU purposes, even though they were actions by armed forces during a non-international armed conflict governed by international humanitarian law.
  3. The reference contained nothing to affect the validity of EU sanctions on LTTE.
This entry was posted in European Court Cases, Terrorist Sanctions by Maya Lester QC. Bookmark the permalink.

About Maya Lester QC

Maya Lester QC has a wide ranging practice in public law, European law, competition law, international law, human rights & civil liberties. She has a particular expertise in sanctions. As the most recent (2016) Chambers & Partners directory put it, she "owns the world of sanctions". She spent 2011-12 in New York at Columbia Law School lecturing and writing on sanctions. She represents and advises hundreds of companies and individuals before the European and English courts and has acted in most of the leading cases, including Kadi, Tay Za, Central Bank of Iran, NITC and IRISL.

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