OZDEN v. TURKEY - 11841/02 [2007] ECHR 358 (3 May 2007)

OZDEN v. TURKEY - 11841/02 [2007] ECHR 358 (3 May 2007)

The length of the proceedings was excessive and failed to meet the reasonable time requirement under Article 6 § 1 of the Convention, constituting a violation.

Citation
[2007] ECHR 358
Parties
Applicant: Applicant; Respondent: Respondent State
Jurisdiction
European Union
Judgment Date
03 May 2007
Procedural Posture
Civil / Final Judgment
Outcome
Violation of Article 6 § 1 found; complaint under Article 1 of Protocol No. 1 inadmissible; remainder of application admissible.
Legal Topics
Reasonable Time Requirement, Length of Proceedings, Just Satisfaction, Non Pecuniary Damage
Human Rights Civil Procedure Reasonable Time Requirement Length of Proceedings Just Satisfaction Non Pecuniary Damage

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Parties

Applicant

Applicant

Respondent State

Respondent

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the applicant had a legitimate expectation to acquire property under domestic law
  2. 2 Whether the length of civil proceedings violated Article 6 § 1 of the Convention

Ratio Decidendi

The length of the proceedings was excessive and failed to meet the reasonable time requirement under Article 6 § 1 of the Convention, constituting a violation.

Court Disposition

Violation of Article 6 § 1 found; complaint under Article 1 of Protocol No. 1 inadmissible; remainder of application admissible.

Orders

  • Respondent State to pay applicant EUR 7,000 in respect of non-pecuniary damage within three months, converted into New Turkish liras at the rate applicable at the date of settlement and free of taxes or charges.
  • Simple interest payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points from expiry of three months until settlement.