BOSPHORUS HAVA YOLLARI TURİZM VE TİCARET ANONİM ŞİRKETİ
v. IRELAND JUDGMENT
17
or a person who was purporting to act in any such capacity, that person as well as the
body corporate, shall be guilty of an offence and shall be liable to be proceeded
against and punished as if he were guilty of the first-mentioned offence.”
B. Lifting the sanctions regime
67. UNSC Resolution 943 (1994), adopted on 23 September 1994,
provided, inter alia, as follows:
“(i) the restrictions imposed by paragraph 7 of Resolution 757 (1992), paragraph 24
of Resolution 820 (1993) with regard to aircraft which are not impounded at the date
of adoption of this Resolution, ...
shall be suspended for an initial period of 100 days from the day following the receipt
... of a report from the Secretary-General ...”
This resolution was implemented by Regulation (EC) no. 2472/94 of
10 October 1994, Article 5 of which suspended the operation of Article 8 of
Regulation (EEC) no. 990/93 “with regard to aircraft ... which had not been
impounded at 23 September 1994”.
68. The suspension of UNSC Resolution 820 (1993) was extended
further by periods of 100 days on numerous occasions in 1995, and these
resolutions were each implemented by Community regulations.
69. UNSC Resolution 820 (1993) was suspended indefinitely in 1995 by
Resolution 1022 (1995). It was implemented in the Community by
Regulation (EC) no. 2815/95 of 4 December 1995 which provided, inter
alia, as follows:
“1. [Regulation (EEC) no. 990/93] is hereby suspended with regard to the [FRY].
2. As long as [Regulation (EEC) no. 990/93] remains suspended, all assets
previously impounded pursuant to that Regulation may be released by Member States
in accordance with the law, provided that any such assets that are subject to any
claims, liens, judgments, or encumbrances, or which are the assets of any person,
partnership, corporation or other entity found or deemed to be insolvent under the law
or the accounting principles prevailing in the relevant Member State, shall remain
impounded until released in accordance with the applicable law.”
70. UNSC Resolution 820 (1993) was later definitively suspended. That
suspension was implemented by Regulation (EC) no. 462/96 of 27 February
1996, the relevant part of which provided as follows:
“As long as the Regulations [inter alia, Regulation (EEC) no. 990/93] remain
suspended, all funds and assets previously frozen or impounded pursuant to those
Regulations may be released by Member States in accordance with law, provided that
any such funds or assets that are subject to any claims, liens, judgments or
encumbrances, ... shall remain frozen or impounded until released in accordance with
the applicable law.”
71. On 9 December 1996 Regulation (EC) no. 2382/96 repealed, inter
alia, Regulation (EEC) no. 990/93. On 2 March 2000 the European