GUMRUKCULER AND OTHERS v. TURKEY (No. 2) - 9580/03 (Judgment (Just Satisfaction) : Court (Second Section)) French Text [2017] ECHR 139 (07 February 2017)

GUMRUKCULER AND OTHERS v. TURKEY (No. 2) - 9580/03 (Judgment (Just Satisfaction) : Court (Second Section)) French Text [2017] ECHR 139 (07 February 2017)

Given the establishment and proven effectiveness of a new domestic compensation commission competent to address the applicants' pecuniary claims, and the subsidiary nature of the Convention mechanism, it is no longer justified to continue examination of the pecuniary aspect of the case under Article 41. However, the...

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Citation
[2017] ECHR 139
Parties
Applicant: Rifat Gümrükçüler et autres (34 applicants, see annex); Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
ECHR Application (just Satisfaction) / Judgment on Just Satisfaction After Merits Judgment
Outcome
Application partly struck out (pecuniary claim); non-pecuniary damages and costs awarded
Legal Topics
Right to Property, Fair Trial, Satisfaction Équitable, Expropriation, Compensation for Deprivation of Property, Effectiveness of Domestic Remedies
Human Rights Law Property Law Administrative Law Right to Property Fair Trial Satisfaction Équitable Expropriation Compensation for Deprivation of Property +1 more

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Parties

Rifat Gümrükçüler et autres (34 applicants, see annex)

Applicant

Republic of Turkey

Respondent

Procedural Posture

ECHR Application (just Satisfaction) / Judgment on Just Satisfaction After Merits Judgment

  1. 1 Whether the applicants are entitled to just satisfaction under Article 41 of the Convention for violations of Article 1 of Protocol No. 1 and Article 6 § 1
  2. 2 Whether the new domestic compensation commission constitutes an effective remedy for the applicants' claims
  3. 3 Assessment of pecuniary and non-pecuniary damages and costs

Ratio Decidendi

Given the establishment and proven effectiveness of a new domestic compensation commission competent to address the applicants' pecuniary claims, and the subsidiary nature of the Convention mechanism, it is no longer justified to continue examination of the pecuniary aspect of the case under Article 41. However, the Court awards €17,000 jointly for non-pecuniary damage and €2,500 for costs, as the applicants suffered moral harm from deprivation of property acquired in good faith.

Court Disposition

Application partly struck out (pecuniary claim); non-pecuniary damages and costs awarded

Orders

  • Rejects the Government's objection of inadmissibility;
  • Strikes out the pecuniary aspect of the Article 41 claim;