OZTURK v. TURKEY - 14402/11 (Judgment : Article 1 of Protocol No. 1 - Protection of property : Second Section Committee) French Text [2021] ECHR 946 (16 November 2021)

OZTURK v. TURKEY - 14402/11 (Judgment : Article 1 of Protocol No. 1 - Protection of property : Second Section Committee) French Text [2021] ECHR 946 (16 November 2021)

The refusal to restitute or compensate for the portion of land not used for public purposes but sold to a private entity violates Article 1 of Protocol No. 1, as it disrupts the balance between public interest and individual property rights.

Source-derived case information.

Citation
[2021] ECHR 946
Parties
Applicant: Hüseyin Öztürk; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Human Rights Application / Final Judgment
Outcome
violation found
Legal Topics
Protection of Property, Expropriation, Compensation for Deprivation of Property
Human Rights Property Law Protection of Property Expropriation Compensation for Deprivation of Property

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Parties

Hüseyin Öztürk

Applicant

Republic of Turkey

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the refusal to compensate or restitute property ceded for public use but sold to a private entity violates Article 1 of Protocol No. 1 of the Convention

Ratio Decidendi

The refusal to restitute or compensate for the portion of land not used for public purposes but sold to a private entity violates Article 1 of Protocol No. 1, as it disrupts the balance between public interest and individual property rights.

Court Disposition

violation found

Orders

  • The application is declared admissible.
  • The issue of compensation is referred to the Compensation Commission.