50 BOSPHORUS HAVA YOLLARI TURİZM VE TİCARET ANONİM ŞİRKETİ v. IRELAND JUDGMENT JOINT CONCURRING OPINION OF JUDGES ROZAKIS, TULKENS, TRAJA, BOTOUCHAROVA, ZAGREBELSKY AND GARLICKI (Translation) While we are in agreement with the operative provisions of the judgment, namely that there has been no violation of Article 1 of Protocol No. 1 in the instant case, we do not agree with all the steps in the reasoning followed by the majority, nor all aspects of its analysis. Accordingly, we wish to clarify certain points we consider important. 1. In examining Article 1 of the Convention, the judgment rightly points out, on the basis of the Court's case-law, that it follows from the wording of that provision that the States Parties must answer for any infringement of the rights and freedoms protected by the Convention committed against persons placed under their “jurisdiction” (see paragraph 136). It concludes that the applicant company's complaint is compatible not only ratione loci (which was not contested) and ratione personae (which was not in issue) but also ratione materiae with the provisions of the Convention (see paragraph 137). Thus, the Court clearly acknowledges its jurisdiction to review the compatibility with the Convention of a domestic measure adopted on the basis of a Community regulation and, in so doing, departs from the decision of the European Commission of Human Rights of 9 February 1990 in M. & Co. v. the Federal Republic of Germany (no. 13258/87, Decisions and Reports 64, p. 138). It has now been accepted and confirmed that the principle that Article 1 of the Convention makes “no distinction as to the type of rule or measure concerned” and does “not exclude any part of the member States' 'jurisdiction' from scrutiny under the Convention” (see United Communist Party of Turkey and Others v. Turkey, judgment of 30 January 1998, Reports of Judgments and Decisions 1998-I, pp. 17-18, § 29) also applies to Community law. It follows that the member States are responsible, under Article 1 of the Convention, for all acts and omissions of their organs, whether these arise from domestic law or from the need to fulfil international legal obligations. 2. In examining the alleged violation of Article 1 of Protocol No. 1, and having determined the applicable rule and the legal basis for the impugned interference, the Court's task was to examine whether there was a reasonable relationship of proportionality between the means employed and the aim sought to be achieved and, consequently, to determine if a fair balance had been struck between the demands of the general interest