AHMET NIHAT OZSAN JOINT STOCK COMPANY v. TURKEY - 62318/09 (Judgment : Right to a fair trial : Second Section) French Text [2021] ECHR 114 (09 February 2021)

AHMET NIHAT OZSAN JOINT STOCK COMPANY v. TURKEY - 62318/09 (Judgment : Right to a fair trial : Second Section) French Text [2021] ECHR 114 (09 February 2021)

The Court found that there were deep and persistent divergences in the jurisprudence of the Turkish Court of Cassation regarding the interpretation and application of Article 105 of the Code of Obligations, specifically on whether the difference between inflation and moratory interest suffices to prove additional...

Source-derived case information.

Citation
[2021] ECHR 114
Parties
Applicant: Société Anonyme Ahmet Nihat Özsan; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Judgment
Outcome
Violation of Article 6 § 1 ECHR found; no satisfaction awarded.
Legal Topics
Right to a Fair Trial, Judicial Inconsistency, Article 6 ECHR, Article 105 Turkish Code of Obligations
Human Rights Civil Procedure Right to a Fair Trial Judicial Inconsistency Article 6 ECHR Article 105 Turkish Code of Obligations

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Parties

Société Anonyme Ahmet Nihat Özsan

Applicant

Republic of Turkey

Respondent

Procedural Posture

Application to European Court of Human Rights / Judgment

  1. 1 Whether persistent divergence in the jurisprudence of the Turkish Court of Cassation regarding Article 105 of the Code of Obligations violates Article 6 § 1 of the European Convention on Human Rights
  2. 2 Whether the lack of a mechanism to resolve jurisprudential divergence constitutes a violation

Ratio Decidendi

The Court found that there were deep and persistent divergences in the jurisprudence of the Turkish Court of Cassation regarding the interpretation and application of Article 105 of the Code of Obligations, specifically on whether the difference between inflation and moratory interest suffices to prove additional damage. The national mechanism for resolving such divergences (APUJ) failed to harmonize the jurisprudence. This lack of coherence and failure of the mechanism constituted a violation of Article 6 § 1 ECHR.

Court Disposition

Violation of Article 6 § 1 ECHR found; no satisfaction awarded.

Orders

  • Grievance under Article 6 § 1 ECHR declared receivable.
  • Violation of Article 6 § 1 ECHR declared.