CINGILLI HOLDING A.S. v. TURKEY ET CINGILLIOGLU v. TURKEY - 31833/06 (Judgment : Struck out of the list : Second Section) French Text [2020] ECHR 81 (28 January 2020)

CINGILLI HOLDING A.S. v. TURKEY ET CINGILLIOGLU v. TURKEY - 31833/06 (Judgment : Struck out of the list : Second Section) French Text [2020] ECHR 81 (28 January 2020)

The Court found that, due to the entry into force of Presidential Decree No. 809 expanding the competence of the domestic compensation commission, there now exists an effective remedy at the national level for the applicants' material and moral damage claims under Article 1 of Protocol No. 1. Therefore, it is no...

Source-derived case information.

Citation
[2020] ECHR 81
Parties
Applicant: Cıngıllı Holding A.Ş.; Applicant: Sema Cıngıllıoğlu; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
European Court of Human Rights Application / Judgment on Just Satisfaction (art. 41) and Partial Striking Out
Outcome
Partially struck out; partial award for moral damages and costs
Legal Topics
Right to a Fair Trial, Right to Property, Non Execution of Judgments, Just Satisfaction, Expropriation, Effective Remedy
Human Rights Law Property Law Administrative Law Right to a Fair Trial Right to Property Non Execution of Judgments Just Satisfaction Expropriation +1 more

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Parties

Cıngıllı Holding A.Ş.

Applicant

Sema Cıngıllıoğlu

Applicant

Republic of Turkey

Respondent

Procedural Posture

European Court of Human Rights Application / Judgment on Just Satisfaction (art. 41) and Partial Striking Out

  1. 1 Whether the applicants are entitled to just satisfaction for material and moral damages due to violations of Article 6 § 1 and Article 1 of Protocol No. 1 of the Convention
  2. 2 Whether the new domestic compensation mechanism is an effective remedy for the applicants' claims
  3. 3 Whether the Court should strike out the case under Article 37 due to the new remedy

Ratio Decidendi

The Court found that, due to the entry into force of Presidential Decree No. 809 expanding the competence of the domestic compensation commission, there now exists an effective remedy at the national level for the applicants' material and moral damage claims under Article 1 of Protocol No. 1. Therefore, it is no longer justified to continue the examination of these claims before the Court, and the case is struck out in this part. However, for the violation of Article 6 § 1 (non-execution of judgments), the Court awarded each applicant EUR 5,000 for moral damages and awarded the company applicant EUR 14,991.24 for translation costs and EUR 5,000 for legal fees. All other claims were rejected.

Court Disposition

Partially struck out; partial award for moral damages and costs

Orders

  • Strikes out the case as regards material and moral damages under Article 1 of Protocol No. 1 due to the availability of a new domestic remedy.
  • Orders the respondent State to pay each applicant EUR 5,000 for moral damages under Article 6 § 1.