14

The following is stated in paragraphs 15 to 21 of that judgment: ‘15 The file shows that the applicant is a foundation governed by Netherlands law, constituted in 1993. It describes itself as an Islamic social welfare institution. It states that, according to its constitution, its objects include the social welfare and improvement of the living conditions of Palestinians living in the Netherlands and also the provision of assistance to Palestinians living in the territories occupied by Israel … The applicant states that it is politically unaffiliated and claims to have collected almost EUR 1 million by way of donations in the Netherlands in the financial year 2001-02. 16 On 3 April 2003 the Minister for Foreign Affairs of the Netherlands adopted, on the basis of Security Council Resolution 1373 (2001) and of the Sanctiewet 1977 (Netherlands Law on sanctions of 1977), as amended by a law of 16 May 2002, the Sanctieregeling Terrorisme 2003 (Regulation on sanctions for the suppression of terrorism 2003, Staatscourant of 7 April 2003, No 68, p. 11, “the Sanctieregeling”), [by] which the freezing of all the applicant’s funds and financial assets [was ordered, inter alia]. 17 It is clear from the statement of reasons in the Sanctieregeling that, pending the adoption of a Community decision directed at the applicant on the basis of … [R]egulation [No 2580/2001], the Sanctieregeling was adopted on the ground that there was evidence that the applicant had made transfers of funds to organisations supporting terrorism in the Middle East. The statement of reasons for the Sanctieregeling makes it clear that the latter will be repealed as soon as such a Community decision enters into force. 18 The applicant brought proceedings against the Netherlands State before the [voorzieningenrechter (“the court hearing the application for interim measures”)] seeking, in particular, suspension of the application of the measures laid down by the Sanctieregeling. 19 By … interim order of 13 May 2003, the court hearing the application for interim measures held that the Sanctieregeling was based primarily on an official memorandum sent by the director of the Algemene Inlichtingen- en Veiligheidsdienst (General Intelligence and Security Service) (“the AIVD”) to the Director General of Political Affairs of the Netherlands Ministry of Foreign Affairs of 9 April 2003 … The court hearing the application for interim measures held that that memorandum contained only general assertions and that factual information to substantiate those assertions was lacking, … that the Netherlands Government had proposed that the court alone should inspect the information from the AIVD on the basis of which the memorandum had been drawn up, that the applicant had not disputed the Government’s interest in keeping that information secret and that it had in addition agreed that matters should proceed in that way … In that regard, the court hearing the application for interim measures observed that confidential inspection of the relevant documents by the court … was … possible … on grounds of public order … The court hearing the application for interim measures accordingly ordered the Netherlands Government to put it in a position in which it could carry out a confidential inspection of the AIVD’s file of confidential information on which the memorandum was based. The Netherlands Government complied with that [judgment] and on 21 May 2003 the court hearing the application for interim measures inspected the file in question in the offices of the AIVD. 20 By a second interim order of 3 June 2003 (“the order of the court hearing the application for interim measures”), the court hearing the application for interim measures dismissed the proceedings brought by the applicant. In point 3.2 of that … order, the court hearing the application for interim measures held, on the basis of its investigations, that the findings of the AIVD provided adequate grounds to support the latter’s conclusion that the funds collected by the applicant in the Netherlands had been used for the benefit of organisations linked to the Palestinian Islamist movement Hamas, and also the conclusion that several of those organisations linked to Hamas provided funds enabling the perpetration or facilitation of terrorist acts by Hamas. In point 3.3 of that order, the court hearing the application for interim measures added that it had uncovered no fact or circumstance that might show that the AIVD had performed improperly the task entrusted to it under the Wet op de inlichtingen- en veiligheidsdiensten (Law on the intelligence and security services). 21 The Sanctieregeling was repealed on 3 August 2003 (Stcrt. 2003, No 146[, p. 9]).’