The appeal which is apparently meant to please Tehran should have no impact on over-due implementation of the court rulings and PMOI delisting. According to the court ruling, the PMOI did not belong to the list since 15 July 2008, when the Council of the European Union, on France’s request, made a decision (2008/583/EC) concerning the People’s Mojahedin Organization of Iran.
There is consensus among prominent legal experts of Europe that there are no grounds for France’s appeal. According to the law, appeal can be filed only when dealing with points of law. The 4 December 2008 decision by the European Court of First Instance, makes it clear that France has not provided any “serious and credible evidence or clues” in support of PMOI designation. In addition, claims made by France are against “alleged members of the People’s Mujahidin Organization of Iran” and not the PMOI.
The court ruling also emphasizes that the decision taken by France was not made by a “competent authority” and instead came from the French Foreign Ministry. Under the Council Common Position 2001/931/CFSP of 27 December 2001, a competent authority is defined as a “judicial authority” or “an equivalent competent authority in that area.”
The ISJ asks the EU presidency to disregard the undue pressure and plots by the Iranian regime and implement the European court rulings and officially announce the removal of the PMOI from its list of terrorist organizations.
In Search of Justice – European Committee for De-listing the PMOI (ISJ) 23 January 2009