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Case C-402/05 Kadi I [2008]

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
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