Stichting Al-Aqsa v Council of the European Union and Kingdom of the Netherlands v Stichting Al-Aqsa (C-539/10 P, C-550/10 P)

Judgment of 15 Nov 2012

law://eu/cjeu/2010/c-539-10/para_105@2026-11-14

105By the third part of the first plea, the appellant submits that neither the statement of reasons, the order of the court hearing the application for interim measures, the Sanctieregeling, nor even the AIVD memorandum, reveal the slightest intention, culpability or knowledge on its part concerning support of terrorist activities. The evidence of such factors, which in its view must be provided by the Council, is decisive for the purposes of applying Common Position 2001/931 and Regulation No 2580/2001. It claims that the Council committed a manifest error of assessment in assuming that it knew that some of the organisations to which donations were given were associated with Hamas and that those organisations were in turn using those funds to commit terrorist attacks.

Stichting Al-Aqsa v Council of the European Union and Kingdom of the Netherlands v Stichting Al-Aqsa (C-539/10 P, C-550/10 P)

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