BOSPHORUS HAVA YOLLARI TURİZM VE TİCARET ANONİM ŞİRKETİ
v. IRELAND JUDGMENT
1
In the case of Bosphorus Hava Yolları Turizm ve Ticaret Anonim
Şirketi v. Ireland,
The European Court of Human Rights, sitting as a Grand Chamber
composed of:
Mr C.L. ROZAKIS, President,
Mr J.-P. COSTA,
Mr G. RESS,
Sir Nicolas BRATZA,
Mr I. CABRAL BARRETO,
Mrs F. TULKENS,
Mrs V. STRÁŽNICKÁ,
Mr K. JUNGWIERT,
Mr V. BUTKEVYCH,
Mrs N. VAJIĆ,
Mr J. HEDIGAN,
Mr M. PELLONPÄÄ,
Mr K. TRAJA,
Mrs S. BOTOUCHAROVA,
Mr V. ZAGREBELSKY,
Mr L. GARLICKI,
Mrs A. GYULUMYAN, judges,
and Mr P.J. MAHONEY, Registrar,
Having deliberated in private on 29 September 2004 and 11 May 2005,
Delivers the following judgment, which was adopted on the lastmentioned date:
PROCEDURE
1. The case originated in an application (no. 45036/98) against Ireland
lodged with the European Commission of Human Rights (“the
Commission”) under former Article 25 of the Convention for the Protection
of Human Rights and Fundamental Freedoms (“the Convention”) by a
company incorporated in Turkey, Bosphorus Hava Yolları Turizm (“the
applicant company”), on 25 March 1997.
2. The applicant company was represented by Mr J. Doyle, a lawyer
practising in Dublin, instructed by Mr M.I. Özbay, the company's managing
director and majority shareholder. The Irish Government (“the
Government”) were represented by two successive Agents, Ms P. O'Brien
and Mr J. Kingston, and by a co-Agent, Ms D. McQuade, all of the
Department of Foreign Affairs.