16 WEBER AND SARAVIA v. GERMANY DECISION accordance with the Court’s decision in Banković and Others v. Belgium and Others ([GC], no. 52207/99, ECHR 2001-XII), the applicants therefore did not come within Germany’s jurisdiction within the meaning of Article 1 of the Convention – a concept which was primarily territorial – on account of that act. 67. Secondly, in the Government’s submission, the second applicant had failed to exhaust domestic remedies as required by Article 35 § 1 of the Convention. He had not sufficiently substantiated in his constitutional complaint his argument that his rights under the Basic Law were likely to be interfered with by measures taken on the basis of the impugned provisions of the amended G 10 Act. The Federal Constitutional Court had therefore dismissed his complaint as being inadmissible. Moreover, the first applicant had failed to exhaust domestic remedies in so far as she had complained that section 3(2), third sentence, of the amended G 10 Act violated her Convention rights. She had failed to show in her complaint to the Federal Constitutional Court that she was affected by the provision in question and to what extent. 68. Thirdly, in the Government’s view, the applicants could not claim to be victims of a violation of their Convention rights. They referred to their reasoning with regard to exhaustion of domestic remedies in that connection. Moreover, in so far as the Federal Constitutional Court had already declared the impugned provisions to be unconstitutional, the applicants could no longer claim to be victims of a violation of their Convention rights. In particular, they did not have a legitimate interest in obtaining a decision in so far as that court permitted the continued application of those provisions on a provisional basis. (b) The applicants 69. The applicants contested those submissions. As to the application’s compatibility ratione personae with the Convention, the first applicant argued that she came within German jurisdiction within the meaning of Article 1 of the Convention as she was a German national. Both applicants further argued that it could not be decisive that the impugned acts had taken effect abroad. Otherwise a respondent State could circumvent its obligations under the Convention. 70. The applicants submitted that they had exhausted domestic remedies as they had both obtained a judgment of the Federal Constitutional Court, delivered on 14 July 1999. 71. The applicants further argued that they had not lost their status as victims of violations of their Convention rights in so far as they had not been granted the redress sought in their constitutional complaints. They stressed that the powers of the Federal Intelligence Service had remained unchanged in the new version of the G 10 Act of 2001 in so far as the Federal Constitutional Court had not objected to them. It was in the nature

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