A Dublin-based businessman suspected of financing al-Qaeda has lost his appeal to a European Court against the freezing of his bank account at the request of the United Nations.
Bin Muhammad Ayadi Chafiq (43) - a Tunisian-born, Bosnian national - is named on a European Commission approved list of people who have financed terrorism.
Mr Chafiq's bank account was frozen under the terms of emergency EU regulations introduced following the September 11 attacks in the US.
The regulation imposes restrictions on those named on the UN Security Council list of suspects connected to Islamist terrorism.
The list was created by Security Council resolutions and adopted by the 25 EU member states. Removal requires a request to the UN Sanctions Committee via the country of residence of the person concerned.
But Mr Ayadi, along with Faraj Hassan, a Libyan held in a British jail pending extradition to Italy, lodged papers with the European Court of Justice claiming the freeze on their accounts infringed their rights and that the EU was not obliged to follow UN requests.
Today the ECJ's Court of First Instance issued an opinion dismissing the action, stating that the matter should be dealt with through the members state courts.
An opinion by the Advocate General does not constitute a ruling but the full court upholds an opinion in the vast majority of cases.
The court found that while the "freezing of funds constitutes a particularly drastic measure ... [it] does not prevent the individuals concerned from leading a satisfactory personal, family and social life, given the circumstances.
It said those on the list are not prevented from engaging in a trade or business activity, "it being however understood that the receipt of income from that activity is regulated".
Mr Ayadi came to Ireland shortly after the September 11th leaving behind a cafe in central London. He was allegedly connected to Osma bin Laden's financial network through the Muwafaq Foundation in Munich, Germany.
The foundation, financed largely by wealthy Saudi business men, was a charity which operated in places such as Pakistan and Chechnya.
It has also been accused of financing Mujahadeen in Bosnia and donating $3 million to al-Qaeda but has never been placed on an official list of entities funding terrorism.
It is understood Mr Ayadi lodged his complaint after he was refused a taxi licence here. The ECJ was told he has been reduced to subsistence living because of the freeze.
The court found that the issuing of licence could be a valid ground for derogation, this could only be done by a member state and pursued through its justice system.