5Following the judgment of the Court of 3 September 2008, Kadi and Al Barakaat International Foundation v Council and Commission (C‑402/05 P and C‑415/05 P, EU:C:2008:461), the Council of the European Union adopted Regulation (EC) No 1286/2009 of 29 December 2009 amending Regulation No 881/2002 (OJ 2009 L 346, p. 42) to provide for a listing procedure that ensures that the fundamental rights of the defence of the persons concerned and, in particular, their right to be heard are respected.
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