Bacak & Ors v Turkey - 18904/09 [2009] ECHR 1962 (3 November 2009)

Bacak & Ors v Turkey - 18904/09 [2009] ECHR 1962 (3 November 2009)

The Court found that the complaint regarding the length of administrative proceedings could not be determined on the basis of the case file and required notification to the respondent Government. Complaints regarding the length of bankruptcy proceedings were inadmissible as out of time. Complaints regarding fairness...

Source-derived case information.

Citation
[2009] ECHR 1962
Parties
Applicants: Mahmut Bacak and Others; Respondent: Turkey
Jurisdiction
European Union
Judgment Date
03 November 2009
Procedural Posture
Application to the European Court of Human Rights / Partial Decision as to Admissibility
Outcome
Partial admissibility; remainder inadmissible
Legal Topics
Right to a Fair Trial, Reasonable Time Requirement, Property Rights, Exhaustion of Domestic Remedies, Admissibility Criteria
Human Rights Law Administrative Law Right to a Fair Trial Reasonable Time Requirement Property Rights Exhaustion of Domestic Remedies Admissibility Criteria

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Parties

Mahmut Bacak and Others

Applicants

Turkey

Respondent

Procedural Posture

Application to the European Court of Human Rights / Partial Decision as to Admissibility

Legal Issues

  1. 1 Whether the length of administrative proceedings violated Article 6 § 1 of the Convention
  2. 2 Whether the administrative proceedings were unfair under Article 6 § 1
  3. 3 Whether property rights under Article 1 of Protocol No. 1 were breached

Ratio Decidendi

The Court found that the complaint regarding the length of administrative proceedings could not be determined on the basis of the case file and required notification to the respondent Government. Complaints regarding the length of bankruptcy proceedings were inadmissible as out of time. Complaints regarding fairness of proceedings and property rights were inadmissible due to non-exhaustion of domestic remedies as the domestic proceedings were still pending.

Court Disposition

Partial admissibility; remainder inadmissible

Orders

  • Applications joined
  • Examination of complaint concerning length of administrative proceedings adjourned