2
BOSPHORUS HAVA YOLLARI TURİZM VE TİCARET ANONİM ŞİRKETİ
v. IRELAND JUDGMENT
3. The applicant company alleged that the impounding of its leased
aircraft by the respondent State had breached its rights under Article 1 of
Protocol No. 1.
4. The application was transmitted to the Court on 1 November 1998,
when Protocol No. 11 to the Convention came into force (Article 5 § 2 of
Protocol No. 11).
5. Following the communication of the case to the respondent
Government, the Turkish Government confirmed that it did not intend to
make submissions in the case (Rule 44 of the Rules of Court).
6. On 13 September 2001, following a hearing on the admissibility and
merits, the application was declared admissible by a Chamber composed of
Mr G. Ress, President, Mr I. Cabral Barreto, Mr V. Butkevych,
Mrs N. Vajić, Mr J. Hedigan, Mr M. Pellonpää, Mrs S. Botoucharova,
judges, and Mr V. Berger, Section Registrar.
7. On 30 January 2004 that Chamber relinquished jurisdiction in favour
of the Grand Chamber, none of the parties having objected (Article 30 of the
Convention and Rule 72).
8. The composition of the Grand Chamber was determined according to
the provisions of Article 27 §§ 2 and 3 of the Convention and Rule 24.
9. The applicant company and the Government each filed observations
on the merits, to which each replied at the oral hearing (Rule 44 § 5).
Written comments were also received from the Italian and United Kingdom
Governments, and from the European Commission and the Institut de
formation en droits de l'homme du barreau de Paris, which were given
leave by the President to intervene (Article 36 § 2 of the Convention and
Rule 44 § 2). The European Commission also obtained leave to participate
in the oral hearing.
10. The hearing took place in public in the Human Rights Building,
Strasbourg, on 29 September 2004 (Rule 59 § 3).
There appeared before the Court:
(a) for the Government
Mr J. KINGSTON,
Ms D. MCQUADE,
Mr G. HOGAN, Senior Counsel,
Mr R. O'HANLON, Senior Counsel,
Mr P. MOONEY,
(b) for the applicant company
Mr J. O'REILLY, Senior Counsel,
Mr T. EICKE, Barrister-at-Law,
Mr J. DOYLE,
Agent,
Co-Agent,
Counsel,
Adviser;
Counsel,
Solicitor.