Published on 30 October 2023
SECOND SECTION
Application no. 61945/19
Celal ALTINÖZ
against Türkiye
lodged on 14 November 2019
communicated on 10 October 2023
SUBJECT MATTER OF THE CASE
The application essentially concerns a judicial practice of the civil courts, in the context of urgent expropriation proceedings, to order the parties to pay a lump sum to the opposing party in respect of legal fees. It further concerns the lack of statutory interest for the additional compensation from the date the applicants lost possession of their properties.
As regards the order to pay legal fees to the opposing party, namely the administration, the applicant complains that such an order decreased the expropriation compensation awarded to him.
As regards the lack of statutory interest for the additional compensation from the date he lost possession of his properties, the applicant argues that he suffered a financial loss, caused by the depreciation of the compensation awarded, due to the monetary inflation during the relevant period.
The applicant complained under Article 1 of Protocol No. 1 to the Convention.
QUESTION TO THE PARTIES
Has there been a violation of the applicant’s right to peaceful enjoyment of his possessions within the meaning of Article 1 of Protocol No. 1 to the Convention with regard to the urgent expropriation proceedings conducted under file nos. 2016/213 and 2016/305?
In particular, in the light of the Court’s findings in the cases of Dökmeci v. Turkey (no. 74155/14, 6 December 2016) and Musa Tarhan v. Turkey (no. 12055/17, 23 October 2018) did the applicant suffer an excessive individual burden in the proceedings registered under file nos. 2016/213 and 2016/305?
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