BOSPHORUS HAVA YOLLARI TURİZM VE TİCARET ANONİM ŞİRKETİ v. IRELAND JUDGMENT 29 taken proceedings in tort, contract or under the Constitution instead of, or during, its action in judicial review. It had not, moreover, been demonstrated that such proceedings offered any real prospects of success thereafter. The final decision, for the purposes of Article 35 § 1 of the Convention and the six-month time-limit, was that of the Supreme Court of November 1996 which applied the ECJ's ruling. Finally, the Chamber found that the parties' submissions about the applicant company's bona fides made under Article 35 § 3 of the Convention and under Article 1 of Protocol No. 1 were the same and, further, that the bona fides issue was so closely bound up with the merits of the complaint under the latter Article that it was appropriate to join it to the merits. 103. The Grand Chamber is not precluded from deciding admissibility questions at the merits stage: the Court can dismiss applications it considers inadmissible “at any stage of the proceedings”, so that even at the merits stage (and subject to Rule 55 of the Rules of Court) it may reconsider an admissibility decision where it concludes that the application should have been declared inadmissible for one of the reasons listed in Article 35 of the Convention (see Pisano v. Italy (striking out) [GC], no. 36732/97, § 34, 24 October 2002, and Odièvre v. France [GC], no. 42326/98, §§ 21-23, ECHR 2003-III). 104. However, the Grand Chamber observes that the present preliminary objections are precisely the same as those raised before the Chamber, and dismissed by the latter in its admissibility decision, and it sees no reason to depart from the Chamber's conclusions in those respects. In particular, the Government have made no new legal submissions to the Grand Chamber as regards their exhaustion of domestic remedies and time-limit objections. While they have made additional factual submissions as regards the applicant company's bona fides upon which their abuse of process claim is based, this does not affect in any respect the Chamber's view that the bona fides issue would fall to be examined, if at all, as part of the merits of the complaint under Article 1 of Protocol No. 1. 105. Without prejudice to the question of whether it is open to a third party admitted to a case following its admissibility to make a preliminary objection, the Grand Chamber does not consider that the above-noted comment of the European Commission warrants a conclusion that the applicant company failed to exhaust domestic remedies. Regulation (EC) no. 2472/94 expressly excluded from its provisions aircraft already impounded under Regulation (EEC) no. 990/93 and the applicant company had already challenged, in the very domestic proceedings to which the European Commission referred, the lawfulness of the original impoundment under Regulation (EEC) no. 990/93. 106. The Court therefore dismisses all preliminary objections before it.

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