BICOM

The European Union (EU) confirmed yesterday that it would appeal a European General Court ruling which last month removed Hamas from the EU’s terror blacklist on procedural grounds.

The EU first designated Hamas a terrorist group in 2003. In 2010, Hamas first appealed the classification over procedural issues relating to the EU’s original designation, alleging that the process infringed seven European regulations. Crucially, Hamas also challenged the quality of evidence brought against it to prove terror activity.

Last month, the court upheld Hamas’s complaints, but stressed that its ruling was based on “procedural grounds” and does not imply “any substantive assessment of the question of the classification of Hamas as a terrorist group.” It also said that a freeze on funds to Hamas would remain in place for three months, considered a window for the EU to challenge the ruling with new evidence of Hamas’s terror activity.

Yesterday, EU foreign policy chief Federica Mogherini made it clear that such a challenge would be launched. She said that given the court ruling “was clearly based on procedural grounds and did not imply any assessment … of designating Hamas as a terrorist organisation,” the EU will challenge the verdict on procedural grounds. Mogherini also emphasised, “The fight against terrorism remains a priority for the European Union.” As a result of the appeal, Hamas will remain on the EU terror list and its assets will remain frozen pending a judgment by the EU Court of Justice, the highest legal authority.

The European General Court Ruling last month was condemned by Israeli leaders and also prompted the Foreign Office to reaffirm its classification of Hamas as a terrorist organisation. Yesterday, Israel’s Foreign Ministry welcomed the announcement by Mogherini. A statement said, “The EU’s decision reflects accurately the position that Hamas was and remains a terror organisation.”  Meanwhile, Hamas spokesman Sami Abu Zuhri called the EU appeal “undemocratic, immoral.”