GURTAS YAPI TICARET VE PAZARLAMA A. S. v. TURKEY - 40896/05 - Chamber Judgment (French Text) [2015] ECHR 664 (07 July 2015)

GURTAS YAPI TICARET VE PAZARLAMA A. S. v. TURKEY - 40896/05 - Chamber Judgment (French Text) [2015] ECHR 664 (07 July 2015)

The Turkish legal system failed to provide sufficient protection for the applicant's property rights by imposing an excessive burden on the applicant to detect registration errors, resulting in a violation of Article 1 of Protocol No. 1.

Source-derived case information.

Citation
[2015] ECHR 664
Parties
Applicant: Gürtaş Yapı Ticaret ve Pazarlama A.Ş.; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Chamber Judgment
Outcome
Violation of Article 1 of Protocol No. 1 found; Article 6 claim not examined; remainder of application declared inadmissible.
Legal Topics
Right to Property, State Liability, Land Registration Errors, Fair Trial
Human Rights Property Law Civil Procedure Right to Property State Liability Land Registration Errors Fair Trial

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Parties

Gürtaş Yapı Ticaret ve Pazarlama A.Ş.

Applicant

Republic of Turkey

Respondent

Procedural Posture

Application to European Court of Human Rights / Chamber Judgment

  1. 1 Whether the applicant's right to property under Article 1 of Protocol No. 1 was violated due to erroneous land registration and lack of compensation
  2. 2 Whether the applicant was denied a fair trial under Article 6 § 1 of the Convention

Ratio Decidendi

The Turkish legal system failed to provide sufficient protection for the applicant's property rights by imposing an excessive burden on the applicant to detect registration errors, resulting in a violation of Article 1 of Protocol No. 1.

Court Disposition

Violation of Article 1 of Protocol No. 1 found; Article 6 claim not examined; remainder of application declared inadmissible.

Orders

  • State to pay applicant 60,700 EUR for material damage, convertible to local currency at applicable rate.
  • State to pay applicant 3,220 EUR for costs and expenses.