“The Court of First Instance finds that, according to international law, the obligations of the Member States of the United Nations under the Charter of the United Nations prevail over any other obligation, including their obligations under the European Convention for the Protection of Human Rights and Fundamental Freedoms and under the EC Treaty. This paramountcy extends to decisions of the Security Council.
Although it is not a member of the United Nations, the [European] Community must also be considered to be bound […] Having regard to the rule of paramountcy set out above, those decisions [of the Security Council] fall, in principle, outside the ambit of the Court’s judicial review and the Court has no authority to call into question, even indirectly, their lawfulness in the light of Community law or of fundamental rights as recognised in the Community legal order.”
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