On 26 March 2020, the CAT granted permission for the defendants to appeal a CAT judgment on a preliminary issue, published on 4 March 2020. The issue before the Tribunal was to what extent the recitals in the European Commission’s decision were binding as a matter of EU law. At first instance, the CAT held that (i) certain of the recitals were binding in the circumstances and (ii) it would be an abuse of process for the defendants not to admit those facts. The defendants have appealed only the second point.