BOSPHORUS HAVA YOLLARI TURİZM VE TİCARET ANONİM ŞİRKETİ
v. IRELAND JUDGMENT
49
and to the ruling of the ECJ (in the light of the opinion of the Advocate
General), a ruling with which the Supreme Court was obliged to and did
comply. It considers it clear that there was no dysfunction of the
mechanisms of control of the observance of Convention rights.
In the Court's view, therefore, it cannot be said that the protection of the
applicant company's Convention rights was manifestly deficient, with the
consequence that the relevant presumption of Convention compliance by the
respondent State has not been rebutted.
4. Conclusion under Article 1 of Protocol No. 1
167. It follows that the impoundment of the aircraft did not give rise to a
violation of Article 1 of Protocol No. 1.
FOR THESE REASONS, THE COURT UNANIMOUSLY
1. Dismisses the preliminary objections;
2. Holds that there has been no violation of Article 1 of Protocol No. 1.
Done in English and in French, and delivered at a public hearing in the
Human Rights Building, Strasbourg, on 30 June 2005.
Christos ROZAKIS
President
Paul MAHONEY
Registrar
In accordance with Article 45 § 2 of the Convention and Rule 74 § 2 of
the Rules of Court, the following separate opinions are annexed to this
judgment:
(a) joint concurring opinion of Mr Rozakis, Mrs Tulkens, Mr Traja,
Mrs Botoucharova, Mr Zagrebelsky and Mr Garlicki;
(b) concurring opinion of Mr Ress.
C.L.R.
P.J.M.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents