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BOSPHORUS HAVA YOLLARI TURİZM VE TİCARET ANONİM ŞİRKETİ
v. IRELAND JUDGMENT
“The High Contracting Parties shall secure to everyone within their jurisdiction the
rights and freedoms defined in Section I of [the] Convention.”
136. The text of Article 1 requires States Parties to answer for any
infringement of the rights and freedoms protected by the Convention
committed against individuals placed under their “jurisdiction” (see Ilaşcu
and Others v. Moldova and Russia [GC], no. 48787/99, § 311, ECHR 2004VII). The notion of “jurisdiction” reflects the term's meaning in public
international law (see Gentilhomme and Others v. France, nos. 48205/99,
48207/99, and 48209/99, § 20, 14 May 2002; Banković and Others v.
Belgium and Others (dec.) [GC], no. 52207/99, §§ 59-61, ECHR 2001-XII;
and Assanidze v. Georgia, no. 71503/01, § 137, ECHR 2004-II), so that a
State's jurisdictional competence is considered primarily territorial (see
Banković and Others, § 59), a jurisdiction presumed to be exercised
throughout the State's territory (see Ilaşcu and Others, § 312).
137. In the present case it is not disputed that the act about which the
applicant company complained, the detention of the aircraft leased by it for
a period of time, was implemented by the authorities of the respondent State
on its territory following a decision made by the Irish Minister for
Transport. In such circumstances the applicant company, as the addressee of
the impugned act, fell within the “jurisdiction” of the Irish State, with the
consequence that its complaint about that act is compatible ratione loci,
personae and materiae with the provisions of the Convention.
138. The Court is further of the view that the submissions referred to in
paragraph 135 above concerning the scope of the responsibility of the
respondent State go to the merits of the complaint under Article 1 of
Protocol No. 1 and are therefore examined below.
B. Article 1 of Protocol No. 1
139. Article 1 of Protocol No. 1 reads as follows:
“Every natural or legal person is entitled to the peaceful enjoyment of his
possessions. No one shall be deprived of his possessions except in the public interest
and subject to the conditions provided for by law and by the general principles of
international law.
The preceding provisions shall not, however, in any way impair the right of a State
to enforce such laws as it deems necessary to control the use of property in accordance
with the general interest or to secure the payment of taxes or other contributions or
penalties.”
140. It was not disputed that there was an “interference” (the detention
of the aircraft) with the applicant company's “possessions” (the benefit of its
lease of the aircraft) and the Court does not see any reason to conclude
otherwise (see, for example, Stretch v. the United Kingdom, no. 44277/98,
§§ 32-35, 24 June 2003).
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