Judgement by the Court of Appeal on the Appeal against the Decision of the District Court of Noord Holland
Appears in case: First Administrative Challenge against the Minister of Foreign Affairs and Minister of Foreign Trade and Development Cooperation
Jurisdiction
The Netherlands
Locale
Armed Conflict in Yemen
Recipient State
Egypt
Document Type
Judgements
The Court of Appeal declares the appeal as inadmissible, concluding that the claimants lack interest to bring the proceedings as the contested licence had expired on 30.09.2016.n
Although this licence had been extended until October 2017 at the time of proceeding, the Court finds this is not sufficient as the extension of the permit is an independent decision, which has been subject to a new assessment of the conditions in the destination country, and therefore cannot be regarded as an extension of the earlier contested decision. It is highlighted that the claimants are free to bring a separate legal action against the decision to extend the licence and the fact that they have not made use of this does not alter their interest in the present case. The Court also concludes that potential damage suffered by third parties, which could arise from the use of the exported goods against civilians in Yemen and Egypt, cannot be treated as damage to the claimants and therefore does not affect their lack of interest to bring the proceedings.
Read the original decision of the District Court here.
