54 BOSPHORUS HAVA YOLLARI TURİZM VE TİCARET ANONİM ŞİRKETİ v. IRELAND JUDGMENT CONCURRING OPINION OF JUDGE RESS 1. This judgment demonstrates how important it will be for the European Union to accede to the European Convention of Human Rights in order to make the control mechanism of the Convention complete, even if this judgment has left the so-called M. & Co. approach far behind (no. 13258/87, Commission decision of 9 February 1990, Decisions and Reports 64). It has accepted the Court's jurisdiction ratione loci, personae and materiae under Article 1 of the Convention, clearly departing from an approach which would declare the European Communities immune, even indirectly, from any supervision by this Court. On the examination of the merits of the complaint, the question is whether there exists a reasonable relationship of proportionality between the interference with the applicant company's property, on the one hand, and the general interest, on the other. On the basis of its case-law, the Court developed, in particular in Waite and Kennedy v. Germany ([GC], no. 26083/94, ECHR 1999-I), a special ratio decidendi regarding the extent of its scrutiny in cases concerning international and supranational organisations. I can agree with the result in this case that there was no violation of Article 1 of Protocol No. 1 and that the interference with the use of the applicant company's property – in the general interest of safeguarding the sanctions regime of the United Nations and the European Community – did not go beyond the limits any trading company must be prepared to accept in the light of that general interest. One could argue that to come to this conclusion the whole concept of presumed Convention compliance by international organisations, and in particular by the European Community, was unnecessary and even dangerous for the future protection of human rights in the Contracting States when they transfer parts of their sovereign power to an international organisation. 2. The judgment should not be seen as a step towards the creation of a double standard. The concept of a presumption of Convention compliance should not be interpreted as excluding a case-by-case review by this Court of whether there really has been a breach of the Convention. I subscribe to the finding of the Court that there exists within the European Community an effective protection of fundamental rights and freedoms including those guaranteed by the Convention even if the access of individuals to the ECJ is rather limited, as the Court has recognised, if not criticised, in paragraph 162 of the judgment. The Court has not addressed the question of whether this limited access is really in accordance with Article 6 § 1 of the Convention and whether the provisions, in particular, of former Article 173 of the EC Treaty should not be interpreted more extensively in the light of Article 6 § 1 of the Convention, a point that was in issue before both the Court of First Instance and the ECJ in Jégo-Quéré & Cie S.A. v. Commission of the European Communities (Case T-177/01 [2002]