Facts
- Kadi was placed on a list of terrorists thought to be associated with the Al-Qaeda terrorist group
- Kadi’s assets were then frozen, and Kadi appealed that this contravened EU law
Issue
- Was EU law contravened?
Decision
- Yes
Reasoning
- Freezing the assets of a person without providing evidence in support of such an action violated Kadi’s fundamental rights – evidence need not have been disclosed, but it must have been fell founded
- EU law is supreme over over international systems created by agreement (such as the UN)
- This case recognised the principle of effective judicial protection, now a fundamental right
