6
BOSPHORUS HAVA YOLLARI TURİZM VE TİCARET ANONİM ŞİRKETİ
v. IRELAND JUDGMENT
25. By a memorandum dated 29 May 1993, the Turkish embassy in
Dublin requested the release of the detained aircraft to Turkey, given the
latter's commitment to the sanctions regime
26. By a letter dated 2 June 1993, the Irish Permanent Mission informed
the Sanctions Committee that the maintenance work had in fact already
been carried out, that the government regretted the failure to abide by the
procedure it had initiated and that the matter had been taken up with TEAM.
The aircraft was being detained pending the Committee's decision.
27. On 3 June 1993 the Irish government learned of the Sanctions
Committee's reply to the Turkish government and that the chairman of the
Committee had indicated that it would be likely to favour impounding. The
Committee would not meet until 8 June 1993.
28. On 4 June 1993 the European Communities (Prohibition of Trade
with the Federal Republic of Yugoslavia (Serbia and Montenegro))
Regulations 1993 (Statutory Instrument no. 144 of 1993) were adopted. By
a letter dated 8 June 1993, the Minister for Transport (Energy and
Communications) informed the Dublin Airport managers that he had
authorised the impounding, until further notice, of the aircraft pursuant to
that statutory instrument.
29. Shortly afterwards the applicant company's second aircraft was
grounded in Istanbul, although the parties disagreed as to precisely why.
30. By a letter of 14 June 1993, the Sanctions Committee informed the
Irish Permanent Mission of the findings of its meeting of 8 June 1993:
“... the provision of any services to an aircraft owned by an undertaking in the
[FRY], except those specifically authorised in advance by the Committee ..., would
not be in conformity with the requirements of the relevant Security Council
resolutions. The members of the Committee also recalled the provisions of
paragraph 24 of [Resolution 820 (1993) of the United Nations Security Council]
regarding such aircraft, under which the aircraft in question should have already been
impounded by the Irish authorities. The Committee, therefore, would be extremely
grateful for being apprised of any action on behalf of Your Excellency's Government
to that effect.”
By a letter dated 18 June 1993, the Irish Permanent Mission informed the
Sanctions Committee that the aircraft had been detained on 28 May 1993
and formally impounded on 8 June 1993.
31. In a letter of 16 June 1993 to the Department of Transport, the
applicant company challenged the impoundment, arguing that the purpose
of Regulation (EEC) no. 990/93 was not to deal simply with legal
ownership, but rather with operational control. On 24 June 1993 the
Department replied:
“The Minister is advised that the intention and effect of the UN resolution as
implemented through [Regulation (EEC) no. 990/93] is to impose sanctions by
impounding the types of commercial asset mentioned in Article 8, including aircraft,
in any case where a person or undertaking in or operating from the [FRY] has any
ownership interest of the kind mentioned. As this view of the scope and effect of the