29 May, 2006: The Council renewed the list which included the PMOI; the Court had not yet ruled.
12 Dec., 2006: The court retroactively annuled the Council Decision of 21 December 2005. The Court found that the contested decision did not contain a sufficient statement of reasons and that the applicant’s right to a fair hearing had not been observed. The Court said the Council Decision “is eliminated retroactively from the legal order and is deemed never to have existed” and ordered the Council to bear its own costs and to pay four fifths of the applicant’s costs.
21 Dec, 2006: The Council imcluded some new names to the terror list, but did not specifically mention renewal of the PMOI’s listing.
12 Feb, 2007: The deadline for appeal of the judgment lapsed by, without the Council or the UK lodging an appeal. The judgment was therefore final.
30 Jan.2007: The Council informed the PMOI of its intention to “maintain” the organization in the EU terror list. It gave the PMOI one month to present its views.
Mr. Straw had publicly acknowledged that he made the decision in response to demands by the Iranian regime (BBC Radio 4, 1 February 2007).
The Council has been, therefore, in defiance of the CFI ruling which had announced that the PMOI has never been lawfully on any list.
In this way therefore the Council is in breach of its own commitment made during the oral hearing and article 233EC,, and can be perused legally.
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