Ayadi (CFI)

The Court of First Instance clarifies the rights of individuals whose funds have been frozen in connection with the fight against international terrorism.

First of all, the Court of First Instance confirms that, as it has held in Yusuf and Kadi, the European Community has competence to order the freezing of individuals’ funds in the context of the battle against international terrorism. Such a measure does not infringe the universally recognised fundamental rights of the human person (jus cogens).

The right of individuals to present a request to the Security Council of the UN to have their case reviewed is guaranteed by the Community legal order. In the examining of such a request the Member States are bound to observe the fundamental rights of those individuals.

The decision of the Court of First Instance has been set aside by the Court of Justice in the judgement Hassan and Ayadi (Joined cases C-399/06 P and C-403/06 P), issued on 3 December 2009.