Second Administrative Challenge launched by ASER against the Prime Minister of France (Urgent Request)
Armed Conflict in Yemen
This case sought to challenge the continued refusal by the French Prime Minister to suspend licences for the export of arms to members of the coalition.
The claimant had become aware of new evidence that a contract had been signed between French arms manufacturer NEXTER and Saudi Arabia for the delivery of military material with an imminent shipment of French arms set to depart from a French port to Saudi Arabia under this contract at the time of the claim. In light of this new evidence, the claimant argued that the case should be considered under the ‘urgency’ procedure.
The basis of the claim was the same as the previous case, namely the Prime Minister’s failure to comply with the relevant procedure when issuing the licences, and the Prime Minister’s knowledge, at the time of issuing the licences, that the exported goods would be used in the commission of war crimes in the conflict in Yemen.
The Court again dismissed the claim, arguing a lack of urgency as the pending shipment that had been relied upon by the claimant to ground its request had since been cancelled. A request to annul the licences is still pending at the Administrative Court of Paris.
Contract between NEXTER and Saudi Arabia for the delivery of military material is concluded. Delivery to commence in 2019.
07 May 2019
Case enters the courts. Claim submitted through an urgency procedure at the Administrative Court of Paris.
09 May 2019
Alleged shipment date of French arms from port of Le Havre (France) to Saudi Arabia in ‘Bahri Yanbu’ cargo ship (Saudi flagged), which was subsequently cancelled.
13 May 2019
Judgement Issued. Claim Dismissed. Request to annul export licences is pending.Read the judgement here