ECJ rejects Faqih / Sanabel appeal

We previously reported on the General Court’s Kadi(2) type judgment (link here) rejecting the application for annulment brought by the Sanabel Relief Agency Ltd and 3 people connected with it (Al-Faqih, Abdrabbah, & Nasuf) on the grounds that the Commission had complied with its Kadi (2) duties of independently assessing the evidence for EU implementations of UN terrorist sanctions listings, the applicants had been sent narrative summaries, the EU had assessed their responses and the UN’s reasons, and the applicants had eventually been de-listed.  The Sanabel Relief Agency had ceased to exist so the Court also held that it had no continuing interest in the proceedings. The Court of Justice has just affirmed that judgment on appeal in Case C-19/16 P Faqih & Ors v Commission (Council intervening) – link to the appeal judgment here.  The ECJ has held that the Court below was entitled to have held that:

  1. Sanabel Relief agency no longer existed in law and therefore did not have capacity to bring legal proceedings before the EU court;
  2. the applicants’ proportionality plea was insufficiently particularised; and
  3. the Commission had properly discharged its Kadi (2) duties.
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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