Luxembourg, 25/11/2002 (Agence Europe) - At France's request, it is in plenary - the fifteen judges chaired by Gil Carlos Rodriguez Iglesias - that the European Court of Justice will pass down its ruling on Tuesday in the case of Oteiza Olazabal. The French government has asked the Court to overturn its case law regarding public order, case law that dates back to May 1968 and that, it says, is now no more usable to combat terrorism.
The French Minister for Home Affairs took an administrative measure in 1996 banning Aitor Oteiza Olazabal from residing in south west France and that to cut him off from ETA's logistical bases.
The Administrative Tribunal and Administrative Court of Appeal of Paris annulled that decision. They applied the Rutili ruling of the European Court of Justice. This Italian trade unionist had taken part in the events of 1968. The European Court of Justice had "annulled" his ban on residing in France as it was contrary to the principle of the free movement of persons.
Aitor Ateiza Olazabal was condemned in France in 1991 for association with criminals for terrorist purposes (following the kidnapping of an industrialist of Bilbao).
France claims that the context has changed since 1968, that the Union Treaty provides for measures against terrorism, that Member states must be given the means to combat terrorism and thus consequently that it is time to overturn the Rutili case law.