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EU top court puts Hamas back on European terrorist list
ECJ

EU top court puts Hamas back on European terrorist list

by Heledd PRITCHARD 23.11.2021
Luxembourg-based ECJ overturns previous ruling which 'erred in law'
The case was heard before the European Court of Justice's Grand Chamber, which deals with the largest cases
The case was heard before the European Court of Justice's Grand Chamber, which deals with the largest cases
Photo credit: Guy Jallay

The Palestinian militant group Hamas is back on Europe’s list of terrorist organisations after the EU's top court overturned a previous judgement that removed the group's name for procedural reasons.

The Islamist group had taken Europe to court after Brussels put Hamas on an official list of terrorist organisations three years ago, asking the Luxembourg-based EU court to order the EU to remove them.

Hamas initially succeeded in its attempts as the court’s lower chamber ruled that the group should be taken off the list because the European Council had not signed all annexes to the document listing Hamas.

But judges at the top court – the European Court of Justice – on Tuesday overturned that ruling, meaning that Hamas will now be put back automatically on the European list of terrorist organisations. 

The lower court had “erred in law” in ruling that all the annexes should have been signed, the ECJ ruled, saying that the annexes were adopted at the same time and were “inseparably attached” to the document.

The US and the UK also label Hamas as a “terrorist organisation”. No appeal gainst the EU ruling is possible.

Hamas, based in the Gaza Strip, defies Israel’s occupation of Palestinian territories and has killed thousands of Israelis through bombings and suicide attacks. During an 11-day conflict in May, more than 250 people died.


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