PARTLY DISSENTING OPINION OF JUDGE KOVLER

( Translation )

For the same reasons as those expressed in my dissenting opinion in the case of Depalle , I deplore the fact that the Court discarded the question of the applicability of Article 8 in the present case too quickly .

[1] . “ Et quidem naturali jure communia sunt omnium haec : aer et aqua profluens et mare et per hoc litora maris ” : And, in accordance with natural law, air, flowing water, the sea and , accordingly, the seashore are common property belonging to everyone (Institutes of Justinien, Book II, Tit le I De rerum divisione ).