international law, and the emergence of Europe as a state (or not), here.
134 It follows from the foregoing that, although it is indeed for the Council to prove that freezing of the funds of a person, group or entity is or remains legally justified, in the light of the relevant legislation, as the applicant rightly maintains, that burden of proof has a relatively limited scope in respect of the Community procedure for freezing funds (see, by analogy, OMPI, paragraph 1 above, paragraph 126, concerning the purpose of the rights of the defence in the same procedure). In the case of an initial decision to freeze funds, the burden of proof essentially relates to the existence of precise information or material in the relevant file which indicates that a decision by a national authority meeting the definition laid down in Article 1(4) of Common Position 2001/931 has been taken with regard to the person concerned. Furthermore, in the case of a subsequent decision to freeze funds, after review, the burden of proof essentially relates to whether the freezing of funds is still justified, having regard to all the relevant circumstances of the case and, most particularly, to the action taken upon that decision of the competent national authority.
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