|
Bosphorus v Minister for Transport, Energy and Communications and
others, Case C-84/95, 30 July 1996
Issue: the ECJ was asked to rule whether the Irish
authorities had been entitled under Regulation (EEC) No 990/93 to impound an
aircraft which belonged to a company established in Yugoslavia but had been leased
without crew to a Turkish company
Holding: Article 8 of Council
Regulation (EEC) No 990/93 of 26 April 1993 concerning trade between the
European Economic Community and the Federal Republic of Yugoslavia applies to
an aircraft which is owned by an undertaking based in or operating from
Yugoslavia, even though the owner has leased it for four years to another
undertaking and in which no person or undertaking based in or operating from
that Republic has a majority or controlling interest.
Reasoning: The court took a broad interpretation of the
Regulation but ruled it did not entail any violation of fundamental rights or
any breach of the proportionality principle. One of the objectives pursued by
the regulation was to dissuade Yugoslavia,
by the imposition of sanctions, from continuing to violate the integrity and
security of the Republic of Bosnia-Herzegovina. The impoundment of the aircraft
could not be regarded as inappropriate or disproportionate because it was a
basic objective in the general interest of the international community to end
the state of war in the region and the large-scale violations of human rights
in Bosnia-Herzegovina.
|
