38 BOSPHORUS HAVA YOLLARI TURİZM VE TİCARET ANONİM ŞİRKETİ v. IRELAND JUDGMENT (b) Article 1 of Protocol No. 1 128. The Commission considered it indisputable that Regulation (EEC) no. 990/93 constituted the legal basis for the impoundment. It rejected the applicant company's suggestion that the impoundment was unlawful pending national secondary legislation and agreed with the Government that the implementing statutory instrument contained administrative competence and procedural provisions which had no bearing on the directly applicable nature of Regulation (EEC) no. 990/93. For the reasons set out in the Advocate General's opinion and the ECJ's ruling, the Commission argued that the impoundment until October 1994 was proportionate and it did not find persuasive the applicant company's argument that it was unjustified thereafter. 2. The Italian Government 129. As regards Article 1 of the Convention, the Italian Government considered that the case amounted to a challenge to the provisions of the relevant UNSC resolution and European Community regulation and fell, as such, outside the Court's jurisdiction. The Irish State was obliged to implement these instruments, it was obliged to address the relevant organs (the Sanctions Committee and the ECJ) and to comply with the rulings obtained: this warranted a conclusion of incompatibility ratione personae. As to the original handing over of sovereign power to the United Nations and European Community, the Italian Government also relied on M. & Co., arguing that both the United Nations and the European Community provided “equivalent protection”: this warranted a conclusion of incompatibility ratione materiae or personae. Finally, any imposition of an obligation on a State to review its United Nations and European Community obligations for Convention compatibility would undermine the legal systems of international organisations and, consequently, the international response to serious international crises. 130. On the merits of Article 1 of Protocol No. 1, they underlined the importance of the public-interest objective pursued by the impoundment. 3. The United Kingdom Government 131. The United Kingdom Government considered that, since the complaint was against the European Community, it was incompatible with the Convention provisions. To make one member State responsible for Community acts would not only be contrary to Convention jurisprudence, but would also subvert fundamental principles of international law (including the separate legal personality of international organisations) and be inconsistent with the obligations of member States of the European

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents