On 26 December 2011 the Israeli High Court of Justice handed down a judgment (HCJ 2164/09) in response to a petition submitted by Yesh Din challenging the legality of Israeli quarrying activities in the West Bank. The judgment held that the quarrying was legal because of the duration of Israeli occupation and that it brought benefits to the Palestinian people, in the form of employment.

Yesh Din has now submitted a motion for an en banc review of the petition by all the judges of the Court, with support from a panel of Israeli international law scholars. This panel has provided a document stating that the High Court of Justice judgment incorrectly interprets Articles 43 and 55 of the Hague Regulations. The judgment also appears to set a worrying precedent for the exploitation of other resources in the West Bank, such as water. This has implications for the successful development of a two-state solution, which the EU has promoted.

1. In the light of the above, can the Commission confirm whether it is aware of this ruling of the Israeli High Court of Justice?

2. Is the Commission prepared to make a statement expressing disapproval of this ruling? If not, why not?