The Advocate General for the Court of Justice of the European Union recommended Thursday that Hamas and the Liberation Tigers of Tamil Eelam be removed from the European terror list.
In statement released Thursday, Eleanor Sharpston said they should be removed from the list because the decision to add them by the European Council had been made based on information from the press and online.
"The Council cannot rely on facts and evidence found in press articles and information from the internet, rather than in decisions of competent authorities, to support a decision to maintain a listing," said the statement.
In December 2014, the Court annulled the groups' inclusion on the list for procedural reasons, a decision the European Council appealed on the grounds that the Court had wrongfully assessed the use of public information in the decision.
Sharpston said the Court had had to investigate whether the other reasons justified including Hamas and the LTTE on the list.
"The General Court failed to make such findings and, for that reason, the Advocate General suggests that the appeal is upheld," said the statement.
Inclusion on the EU terror list, formed in 2001, can result in groups or people suspected of being related to those groups, having their funds frozen and enhanced police and judicial measures.
The list includes groups like Hezbollah, the National Liberation Army and the Irish Republican Army.