CEDH · PRESS;HEARINGS;ENG — 13 septembre 2001

.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 } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s94935B0F { width:389.85pt; display:inline-block } .s598389FA { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:13pt } .s8408AAD1 { font-family:Arial; font-size:12pt; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sBA727180 { width:35.3pt; display:inline-block } .s23A41E03 { width:36pt; display:inline-block } .s3A173406 { width:14.87pt; display:inline-block } .sB70F9E4 { width:1.1pt; display:inline-block } .s4598CDF { width:70.9pt; display:inline-block } .sCB27B9E { width:16.66pt; display:inline-block } .sC5412BEF { width:51.05pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic }   EUROPEAN COURT OF HUMAN RIGHTS     624   13.9.2001   Press release issued by the Registrar   HEARING IN THE CASE OF BOSPHORUS HAVA YOLLARI TURIZM VE TICARET ANONIM SIRKETI (“ BOSPHORUS AIRWAYS”) v. IRELAND   Thursday 13 September 2001 at 9.30 a.m.       The applicant   The case concerns an application brought by Bosphorus Hava Yollari Turizm Ve Ticaret Anonim Sirketi (“Bosphorus Airways”), an airline charter company registered in Turkey.   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 (“TEAM”), an aircraft maintenance company wholly owned by the Irish State, and it was seized pursuant to 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. On 1 November 1998 the case fell to be examined by the European Court of Human Rights. On 22 May 2001 a Chamber of the Fourth Section of the Court decided to hold a hearing on the admissibility and merits of the application.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Georg Ress (German), President , Ireneu Cabral Barreto (Portuguese), Volodymyr Butkevych (Ukrainian), Nina Vajić (Croatian), John Hedigan (Irish), Matti Pellonpää (Finnish), Snejana Botoucharova (Bulgarian), judges , Antonio Pastor Ridruejo (Spanish), Jerzy Makarczyk (Polish), substitute judges ,   and also Vincent Berger , Section Registrar .   Representatives of the parties   Government:       James Kingston , Agent; Gerard Hogan , Senior Counsel; Roderick O’Hanlon Counsel ; Edwin Alkin and Robin McKay , Advisers ;   Applicant:       James O’Reilly, Senior Counsel; Timothy Eicke, Counsel;       John Doyle , Solicitor.   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. Judgment will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contacts:   Roderick Liddell (telephone: (0)3 88 41 24 92)   Emma Hellyer (telephone: (0)3 90 21 42 15) Fax: (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court.