CEDH · PRESS;HEARINGS;ENG — 29 septembre 2004

.s800EAC49 { font-size:12pt } .s5FFF0A77 { margin-top:0pt; margin-bottom:0pt; font-size:1pt } .sBB9EE52A { font-family:Arial } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s76CF415B { page-break-before:always; clear:both } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s61E420C2 { font-family:Arial; font-variant:small-caps } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .sC6243903 { width:11.03pt; display:inline-block } .s8ED143E8 { width:22.95pt; display:inline-block } .s23A41E03 { width:36pt; display:inline-block } .s9E97F54A { width:85.05pt; display:inline-block } .s3CED24E9 { width:27.05pt; text-indent:0pt; display:inline-block } .sE926D4E4 { width:22.95pt; text-indent:0pt; display:inline-block } .sBF0FE613 { width:36pt; text-indent:0pt; display:inline-block } .s595A57E4 { width:85.05pt; text-indent:0pt; display:inline-block } .sD5CAC35F { margin-top:0pt; margin-left:144pt; margin-bottom:0pt; text-indent:-144pt } .sCB226EC0 { width:9.32pt; text-indent:0pt; display:inline-block } .s9F8EB0C0 { width:18.63pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic }   EUROPEAN COURT OF HUMAN RIGHTS   457 29.9.2004   Press release issued by the Registrar   GRAND CHAMBER HEARING “BOSPHORUS AIRWAYS” v. IRELAND     The European Court of Human Rights is holding a Grand Chamber hearing at 9 a.m. on Wednesday 29   September 2004 in the case of “ Bosphorus Airways” v. Ireland (no. 45036/98).   The applicant   The case concerns an application brought by an airline charter company registered in Turkey, Bosphorus Hava Yollari Turizm ve Ticaret Anonim Şirketi (“Bosphorus Airways”).   Summary of the facts   In May 1993 an aircraft leased by the applicant company from Yugoslav Airlines (“JAT”) was seized by the Irish authorities. It had been in Ireland for maintenance by TEAM Aer Lingus, an aircraft maintenance company wholly owned by the Irish State, and it was seized under an EC Council Regulation which, in turn, had implemented the UN sanctions regime against the Federal Republic of Yugoslavia (Serbia and Montenegro).   The applicant’s challenge to the retention of the aircraft was initially successful in the High Court, which held in June 1994 that the relevant Council Regulation was not applicable to the aircraft. However, on appeal, the Supreme Court referred a question under Article 177 of the EEC Treaty to the European Court of Justice (“ECJ”) on whether the applicant’s aircraft was covered by the relevant Council Regulation. The answer was in the affirmative and by judgment dated November 1996 the Supreme Court applied the decision of the ECJ and allowed the State’s appeal.   By that time the applicant’s lease on the aircraft had already expired. Since the sanctions regime against the Federal Republic of Yugoslavia (Serbia and Montenegro) had also been relaxed by that date, the Irish authorities returned the aircraft directly to JAT. The applicant’s aircraft was the only one ever seized under the relevant EC and UN regulations.   Complaint   The applicant complains under Article 1 of Protocol No. 1 (protection of property) to the European Convention on Human Rights that it has had to bear an excessive burden resulting from the manner in which the Irish State applied the sanctions regime and that it has suffered significant financial loss.   Procedure   The application was lodged by the applicant company with the European Commission of Human Rights on 25 March 1997 and transferred to the European Court of Human Rights on 1 November 1998. On 13 September 2001, the Court held a hearing on the admissibility and merits of the application on which date the case was declared admissible. On 30 January 2004, the Chamber relinquished jurisdiction in favour of the Grand Chamber. On 4 May 2004 the President of the Court gave the European Commission leave to intervene as a third party.     Composition of the Court   The case will be heard by the Grand Chamber composed as follows:   Christos Rozakis (Greek), President , Jean-Paul Costa (French), Georg Ress (German), Nicolas Bratza (British), Ireneu Cabral Barreto (Portuguese), Françoise Tulkens (Belgian) Viera Strážnická (Slovakian) , Karel Jungwiert (Czech) , Volodymyr Butkevych (Ukrainian) , Nina Vajić (Croatian) , John Hedigan (Irish) , Matti Pellonpää (Finnish) , Kristaq Traja (Albanian) , Snejana Botoucharova (Bulgarian) , Vladimiro Zagrebelsky (Italian) , Lech Garlicki (Polish), Alvina Gyulumyan (Armenian), judges , Mindia Ugrekhelidze (Georgian) , Anatoly Kovler (Russian), substitute judges and also Paul Mahoney , Registrar .   Representatives of the parties   Government :       James Kingston , Agent,       Denise McQuade , Co-Agent,       Gerard Hogan, Roderick O’Hanlon Counsel ;       Patrick Mooney , Adviser;   Applicant :       James O’Reilly, Timothy Eicke, Counsel;       John Doyle , Adviser;   European Commission:   Giuliano Marenco , Sybilla Fries , Clemens Ladenburger , Counsel .   Mustafa Illhameddin Özbay of the applicant company will also attend the hearing.     After the hearing the Court will begin its deliberations, which are held in private. A judgment will be delivered at a later date.     ***   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Press contacts:   Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92)   Emma Hellyer (telephone: +00 33 (0)3 90 21 42 15)   Stéphanie Klein (telephone: +00 33 (0)3 88 41 21 54) Fax: +00 33 (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. Since 1 November 1998 it has sat as a full-time Court composed of an equal number of judges to that of the States party to the Convention. The Court examines the admissibility and merits of applications submitted to it. It sits in Chambers of 7 judges or, in exceptional cases, as a Grand Chamber of 17 judges. The Committee of Ministers of the Council of Europe supervises the execution of the Court’s judgments. More detailed information about the Court and its activities can be found on its Internet site.