Information Note on the Court’s case-law 35

October 2001

Bosphorus Hava Yolları Turizm ve Ticaret Anonim Şirketi v. Ireland (dec.) - 45036/98

Decision 13.9.2001 [Section IV]

Article 1 of Protocol No. 1

Article 1 para. 1 of Protocol No. 1

Peaceful enjoyment of possessions

Impoundment of aircraft leased by Turkish airline company from Yugoslav airline company during UN economic embargo against the Federal Republic of Yugoslavia: admissible

The applicant company, a Turkish airline company, leased two aircraft from a Yugoslav airline company. The applicant company delivered one of the aircraft to an Irish maintenance company for overhaul and maintenance work. The Mini ster for Transport ordered that the aircraft be impounded pursuant to a domestic regulation implementing an EC Council Regulation which followed a United Nations’ Resolution providing for sanctions against the Federal Republic of Yugoslavia. Following judi cial review proceedings initiated by the applicant, the High Court quashed the Minister’s decision. On the Minister’s appeal, the Supreme Court referred a question to the European Court of Justice to determine whether the Council Regulation applied to the circumstances. The European Court of Justice found that the Council Regulation was applicable and consequently the Supreme Court allowed the Minister’s appeal. The lease having by then expired and the sanctions against the Federal Republic of Yugoslavia ha ving in the meantime ceased, the aircraft was given back directly to the Yugoslav airline company.

Admissible under Article 1 of Protocol No. 1, with issues joined to the merits under Articles 1 (responsibility of State) and 35 § 3 (abuse of the right of p etition).

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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