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
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