Judgment_paragraph 113 · Liberation Tigers of Tamil Eelam (LTTE) v Council of the European Union (T-208/11, T-508/11)

113It should be remembered that Common Position 2001/931 does not require that the decision of the competent authority should be taken in the context of criminal proceedings stricto sensu, even if that is more often the case. However, in the light of the objectives of Common Position 2001/931, in the context of the implementation of Security Council Resolution 1373 (2001), the purpose of the national proceedings in question must none the less be to combat terrorism in the broad sense. Those assessments made by the General Court in the judgment in Al-Aqsa T‑348/07, paragraph 105 above (EU:T:2010:373, paragraphs 98 and 100) were, in essence, confirmed in the judgment in Al-Aqsa C‑539/10 P, paragraph 105 above (EU:C:2012:711, paragraph 70), since the Court of Justice held that the protection of the persons concerned was not called into question if the decision taken by the national authority did not form part of a procedure seeking to impose criminal sanctions, but of a procedure aimed at the adoption of preventive measures.

Liberation Tigers of Tamil Eelam (LTTE) v Council of the European Union (T-208/11, T-508/11)

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