42 BOSPHORUS HAVA YOLLARI TURİZM VE TİCARET ANONİM ŞİRKETİ v. IRELAND JUDGMENT Kennedy, cited above, § 54, and Streletz, Kessler and Krenz v. Germany [GC], nos. 34044/96, 35532/97 and 44801/98, § 49, ECHR 2001-II). 144. While the applicant company alluded briefly to the Irish State's role in the Council of the European Communities (see paragraph 115 above), the Court notes that its essential standpoint was that it was not challenging the provisions of the regulation itself but rather their implementation. 145. Once adopted, Regulation (EEC) no. 990/93 was “generally applicable” and “binding in its entirety” (pursuant to Article 189, now Article 249, of the EC Treaty), so that it applied to all member States, none of which could lawfully depart from any of its provisions. In addition, its “direct applicability” was not, and in the Court's view could not be, disputed. The regulation became part of domestic law with effect from 28 April 1993 when it was published in the Official Journal, prior to the date of the impoundment and without the need for implementing legislation (see, in general, paragraphs 65 and 83 above). The later adoption of Statutory Instrument no. 144 of 1993 did not, as suggested by the applicant company, have any bearing on the lawfulness of the impoundment; it simply regulated certain administrative matters (the identity of the competent authority and the sanction to be imposed for a breach of the regulation) as foreseen by Articles 9 and 10 of the EEC regulation. While the applicant company queried which body was competent for the purposes of the regulation (see paragraph 120 above), the Court considers it entirely foreseeable that the Minister for Transport would implement the impoundment powers contained in Article 8 of Regulation (EEC) no. 990/93. It is true that Regulation (EEC) no. 990/93 originated in a UNSC resolution adopted under Chapter VII of the United Nations Charter (a point developed in some detail by the Government and certain third parties). While the resolution was pertinent to the interpretation of the regulation (see the opinion of the Advocate General and the ruling of the ECJ – paragraphs 45-50 and 52-55 above), the resolution did not form part of Irish domestic law (Mr Justice Murphy – paragraph 35 above) and could not therefore have constituted a legal basis for the impoundment of the aircraft by the Minister for Transport. Accordingly, the Irish authorities rightly considered themselves obliged to impound any departing aircraft to which they considered Article 8 of Regulation (EEC) no. 990/93 applied. Their decision that it did so apply was later confirmed, in particular, by the ECJ (see paragraphs 54-55 above). 146. The Court finds persuasive the European Commission's submission that the State's duty of loyal cooperation (Article 5, now Article 10, of the EC Treaty) required it to appeal the High Court judgment of June 1994 to the Supreme Court in order to clarify the interpretation of Regulation (EEC) no. 990/93. This was the first time that regulation had been applied, and the High Court's interpretation differed from that of the Sanctions Committee, a