BOSPHORUS HAVA YOLLARI TURİZM VE TİCARET ANONİM ŞİRKETİ
v. IRELAND JUDGMENT
15
was in turn implemented in Ireland by statutory instrument: the European
Communities (Prohibition of Trade with the Republics of Serbia and
Montenegro) Regulations 1992 (Statutory Instrument no. 157 of 1992)
made it an offence under Irish law from 25 June 1992 to act in breach of
Regulation (EEC) no. 1432/92.
63. UNSC Resolution 787 (1992), adopted in November 1992, further
tightened the economic sanctions against the FRY. This resolution was
implemented by Regulation (EEC) no. 3534/92, adopted in December 1992.
64. UNSC Resolution 820 (1993), adopted on 17 April 1993, provided,
inter alia, as follows:
“24. Decides that all States shall impound all vessels, freight vehicles, rolling stock
and aircraft in their territories in which a majority or controlling interest is held by a
person or undertaking in or operating from the [FRY] and that these vessels, freight
vehicles, rolling stock and aircraft may be forfeit to the seizing State upon a
determination that they have been in violation of resolutions 713 (1991), 757 (1992),
787 (1992) or the present resolution;”
65. This resolution was implemented by Regulation (EEC) no. 990/93,
which came into force on 28 April 1993, once published in the Official
Journal (L 102/14 (1993)) of that date (as specified in Article 13 of the
regulation) pursuant to Article 191(2) (now Article 254(2)) of the Treaty
establishing the European Community (“the EC Treaty”).
Articles 1.1(e) and 8 to 10 of that regulation provided as follows:
Article 1
“1. As from 26 April 1993, the following shall be prohibited:
...
(e) the provision of non-financial services to any person or body for purposes of
any business carried out in the Republics of Serbia and Montenegro.”
Article 8
“All vessels, freight vehicles, rolling stock and aircraft in which a majority or
controlling interest is held by a person or undertaking in or operating from the [FRY]
shall be impounded by the competent authorities of the Member States.
Expenses of impounding vessels, freight vehicles, rolling stock and aircraft may be
charged to their owners.”
Article 9
“All vessels, freight vehicles, rolling stock, aircraft and cargoes suspected of having
violated, or being in violation of Regulation (EEC) no. 1432/92 or this Regulation
shall be detained by the competent authorities of the Member States pending
investigations.”