YUKSELLER LTD. STI. v. TURKEY - 27530/09 (Judgment : Protection of property : Second Section Committee) French Text [2021] ECHR 56 (19 January 2021)

YUKSELLER LTD. STI. v. TURKEY - 27530/09 (Judgment : Protection of property : Second Section Committee) French Text [2021] ECHR 56 (19 January 2021)

The domestic courts failed to provide sufficient reasoning for denying compensation for the 9,304.95 m² portion of land, which was not shown to have been lawfully withheld as part of the urban development contribution. This lack of reasoning and justification meant that the fair balance required by Article 1 of...

Source-derived case information.

Citation
[2021] ECHR 56
Parties
Applicant: Yükseller Gıda Ticaret ve Sanayi Limited Şirketi; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
Violation of Article 1 of Protocol No. 1 found; part of the application declared inadmissible; remainder struck out regarding just satisfaction.
Legal Topics
Expropriation, Right to Property, Just Satisfaction, Urban Planning, Procedural Fairness
Human Rights Law Property Law Expropriation Right to Property Just Satisfaction Urban Planning Procedural Fairness

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Parties

Yükseller Gıda Ticaret ve Sanayi Limited Şirketi

Applicant

Republic of Turkey

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

  1. 1 Whether the applicant was deprived of property without full compensation in violation of Article 1 of Protocol No. 1 to the Convention
  2. 2 Whether the domestic courts provided sufficient reasoning for denying compensation for part of the expropriated land

Ratio Decidendi

The domestic courts failed to provide sufficient reasoning for denying compensation for the 9,304.95 m² portion of land, which was not shown to have been lawfully withheld as part of the urban development contribution. This lack of reasoning and justification meant that the fair balance required by Article 1 of Protocol No. 1 was not maintained, resulting in a violation of the applicant's right to property.

Court Disposition

Violation of Article 1 of Protocol No. 1 found; part of the application declared inadmissible; remainder struck out regarding just satisfaction.

Orders

  • Declared the complaint regarding lack of compensation for 9,304.95 m² admissible; remainder inadmissible.
  • Found a violation of Article 1 of Protocol No. 1 to the Convention.