We believe in the necessity to make legal knowledge accessible to everyone. Therefore, we present and explain some milestone judgements whose relevance are crucial in the defence and support of the Palestinian cause in Europe.
The European Court of Justice annuls the Commission’s refusal to register a Citizens’ Initiative calling for the regulation of EU trade with occupied territories
In the judgment Moerenhout and others v Commission, delivered on May 12, 2021, the General Court of the Court of Justice of the European Union (GCEU) ruled on a European Citizens’ Initiative (ECI) calling upon the European Commission to adopt measures to regulate trade with occupied territories. The Court found the Commission violated its obligation to provide with adequate reasons for its initial refusal to register the ECI and, accordingly, annulled that decision.
The Court of Justice of the EU Rules on the Labelling of Products Originating in the Occupied Territories by the State of Israel
In the judgement Organisation juive européenne and Vignoble Psagot v. Ministre de l’Économie et des Finances, delivered on 12 November 2019, the Grand Chamber of the Court of Justice of the European Union (CJEU) ruled on the interpretation of the EU Regulation in relation to foodstuffs produced in the territories occupied by the State of Israel since June 1967. The Court found that these products not only have to bear the indication of the territory of origin, but also specify if they come from an Israeli settlement within that territory, if that is the case.
Court Dismissed Claim of Incitement of Hatred against Activists for Palestine
On 11 January 2021, the Provincial Court of Valencia (Audiencia Provincial de Valencia) dismissed the judicial investigation initiated by the criminal complaint filed by the Legal Committee for the Fight against Discrimination (Comitè Legal para la Lucha Contra la Discriminatión) against eight activists in solidarity with the Palestinian people.
Regional German Constitutional Court Rules Anti-BDS Motion Infringes of Fundamental Rights
On 22 September 2020, the Constitutional Court of the State of North-Rhine Westphalia (NRW) in Germany delivered its final ruling in the complaint brought by lawyer Ahmed Abed and the ELSC against the anti-BDS motion of the NRW State Parliament adopted on 20 September 2018.
ECtHR Rules Right to Boycott is Protected by Right to Freedom of Expression
On 11 June 2020, the European Court of Human Rights (ECtHR) delivered its judgement in the case Baldassi and Others v. France ruling that calling for a boycott of goods from Israel is protected by the right to freedom of expression and cannot be considered incitement to discrimination. In 2009, 11 campaigners advocating for Palestinian […]
Spanish Court Dismissed Criminal Complaint against Members of Cadiz City Council & APDHA
In 2017, the City of Cadiz cancelled an Israeli embassy-sponsored film festival, on the basis of a motion which declared the city free from Israeli Apartheid. In response, the association “Action and Communication on the Middle East” (ACOM), filed a criminal complaint for hate crime and arbitrary exercise of power against both the members of the City Council and the Andalusian Association for Human Rights (APDHA). Both the Cadiz Court of First Instance and the Court of Appeal rejected ACOM’s complaints.
German Organisations Denied Participation in Cultural Festival
Three German civil society organisations advocating for Palestinian rights were denied participation in the 2019 Bonn annual cultural festival because of their support for the BDS movement. The groups petitioned the Administrative Court of Cologne challenging their exclusion. The Court ruled in favour of the groups and consequently instructed the city council to allow all three associations to attend the festival.