CJEU Judgment T-208/11 — LTTE v Council (2014) / C-599/14 P (2017)
Summary
The General Court (T-208/11, 16 October 2014) annulled the EU's designation of the LTTE on the terrorist list for the period 2006–2014 on the ground that the Council had failed to verify that the initial national designation decisions (by the UK and USA) were based on sufficient evidence and that subsequent renewals were based on actual assessments of the situation. The Council re-listed LTTE in 2015 following procedural correction. On appeal (C-599/14 P, 26 July 2017) the CJEU confirmed the procedural requirement but allowed re-listing.
Relevance to the diaspora
This litigation, brought by LTTE-affiliated groups, established that EU terrorist listings must have an adequate factual basis from competent judicial authorities, not merely administrative decisions; it created a precedent for challenging the legal basis of Tamil proscription across EU member states.
Key provisions
- Para 127–142 — requirement for factual assessment underpinning initial designation
- Para 144 — unlawfulness of automatic renewal without fresh assessment
- C-599/14 P — CJEU upheld procedural requirements but confirmed lawfulness of re-listing after correction