Facts:
The French Tamil Coordination Committee was an association used as a legal counterpart of the Liberation Tigers of Tamil Ealam (LTTE), classified as a terrorist organization in all countries of the European Union. It rose funds for the LTTE by using threats and violence against the Tamil community members in France. This association has no legal directors but two de facto leaders, Mrs. X and Mr. Z.
The main issue:
In this case, the main issue discussed concerns the possibility for a legal entity to be held responsible for acts committed by its de facto directors. Therefore, the Cour de Cassation has to give an interpretation of the article 121-2 of the Penal Code , which states that legal entities are criminally responsible only for acts committed by their agents and organs, in the name of the legal entity. A dissolution of the legal entity can only be handed down under these conditions.
The Court opted for a in concreto assessment of the facts and considered that the real objective the association was created for is the funding and financing of a terrorist group. Therefore the statutory objectives and the legal situation of Mrs.X and Mr.Z were not preventing the application of article 121-2 of the Penal Code.
Procedure:
Both first instance’s judges and Court of Appeal found the association guilty of financing of a terrorist group and criminal association offences and pronounced the dissolution of the French Tamil Coordination Committee. The association brought an appeal of the judgement of the Court of Appeal of Paris of 22 February 2012 before the Cour de Cassation. Its main argument was that the association could not be found responsible for acts committed by de facto directors (but only legal representatives) and that alleged acts were not committed on the name of the association because they do not correspond to the realisation of its statutory objectives.
Outcome:
The Criminal Chamber considered that the Court of Appeal’s decision was justified and maintained the sentence of dissolution of the French Tamil Coordination Committee under article 121-2 of the Penal Code.
