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This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
Branko Lubarda, President, Vincent A. De Gaetano, Helen Keller, Dmitry Dedov, Pere Pastor Vilanova, Georgios A. Serghides, Jolien Schukking, judges, and Stephen Phillips, Section Registrar,
. As for the Toyota, the same last-mentioned considerations applied. Furthermore, as a result of the decision of the Court of Criminal Appeal in the second set of criminal proceedings, the Constitutional Court concluded that the seizure of that vehicle had been unnecessary and could not be justified as having been done in the interests of justice since no third party had suffered any damage.
. The confiscation/seizure of both vehicles amounted to, according to the Constitutional Court, a lack of balance between the interests of the general community and the rights of the applicants. Therefore a violation of Article 1 of Protocol No. 1 had occurred.
"(1) Subject to the provisions of this Ordinance, it shall not be lawful for any person to use or to cause or permit any other person to use a motor vehicle on a road unless there is in force in relation to the user of the vehicle by that person or that other person, as the case may be, such a policy of insurance in respect of third-party risks as complies with the requirements of this Ordinance.
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