18/01/2007 (Agence Europe) - The European Court of Justice ruled on 18 January that the Court of First Instance should re-examine the inclusion of the PKK on the Council of the European Union's 2002 list of terrorist organisations, in the context of the implementation of UN Security Council resolution 1373 (2001) (case C-229/05 P). Mr Osman Ocalan appealed against this inclusion on the list, arguing, among other things, that the organisation no longer existed. The Court rejected this appeal as being inadmissible, since, if the PKK no longer existed, it would clearly be impossible for Mr Ocalan to represent it. The Court considered, on the contrary that if the PKK was sufficiently active to warrant inclusion on the list of terrorist organisations, it could not be denied the right to challenge this inclusion on the basis of insufficient existence. In a press release, the Court concluded that “Mr Ocalan is acting validly on behalf of the PKK and can also instruct lawyers to represent it”. (cd)