YIANOPULU v. TURKEY - 12030/03 (Judgment (Just Satisfaction) : Court (Second Section)) French Text [2016] ECHR 466 (31 May 2016)

YIANOPULU v. TURKEY - 12030/03 (Judgment (Just Satisfaction) : Court (Second Section)) French Text [2016] ECHR 466 (31 May 2016)

Restitution of the property was not appropriate due to its use as a public school; compensation was therefore awarded based on the estimated market value of the land at the date when the applicant lost legal hope of inheritance (7 October 2002), set at 14,300,000 EUR. No compensation was awarded for loss of use due...

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Citation
[2016] ECHR 466
Parties
Applicant: Efrosini Yianopulu (de cujus), succeeded by Maria Çiropulos; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR (just Satisfaction) / Judgment on Just Satisfaction Following Principal Judgment
Outcome
Application for just satisfaction partly allowed, partly rejected.
Legal Topics
Right to Property, Just Satisfaction, Restitution, Compensation for Expropriation, Article 1 Protocol 1 ECHR
Human Rights Law Property Law Right to Property Just Satisfaction Restitution Compensation for Expropriation Article 1 Protocol 1 ECHR

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Parties

Efrosini Yianopulu (de cujus), succeeded by Maria Çiropulos

Applicant

Republic of Turkey

Respondent

Procedural Posture

Application Under Article 34 ECHR (just Satisfaction) / Judgment on Just Satisfaction Following Principal Judgment

  1. 1 Whether the applicant is entitled to restitution or compensation for the loss of property following a violation of Article 1 Protocol 1 ECHR
  2. 2 Appropriate calculation of compensation for loss of property
  3. 3 Entitlement to compensation for loss of use and moral damages

Ratio Decidendi

Restitution of the property was not appropriate due to its use as a public school; compensation was therefore awarded based on the estimated market value of the land at the date when the applicant lost legal hope of inheritance (7 October 2002), set at 14,300,000 EUR. No compensation was awarded for loss of use due to lack of evidence and the land's restriction to school use. Moral damages of 15,000 EUR were awarded for anguish and frustration. Costs and expenses were partially granted (10,000 EUR).

Court Disposition

Application for just satisfaction partly allowed, partly rejected.

Orders

  • Turkey to pay Maria Çiropulos 14,300,000 EUR for pecuniary damage within three months, converted to local currency at the date of payment.
  • Turkey to pay Maria Çiropulos 15,000 EUR for non-pecuniary damage, plus any tax due.