SECOND SECTION
DECISION
Applications nos. 23284/21 and 60528/21
AYDIN İNŞAAT TAAHHÜT PARK VE KAFETERYA İŞLETMECILIĞI TICARET LIMITED ŞIRKETI
against Türkiye
(see appended table)
The European Court of Human Rights (Second Section), sitting on 14 December 2023 as a Committee composed of:
Frédéric Krenc, President,
Diana Sârcu,
Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged respectively on 26 April and 19 November 2021,
Having regard to the formal declaration of the Government and the letters from the applicant company accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant company’s details and the information relevant to the two applications lodged by it are set out in the appended table. It was represented by Mr S. Çelik, a lawyer practising in Istanbul.
The applicant company’s complaints under Article 6 of the Convention concerning the right of access to a court were communicated to the Turkish Government (“the Government”).
The Court received the friendly-settlement declaration signed by the Government, acknowledging the recent changes in the domestic jurisprudence and consequently the applicant company’s right to reopening of the proceedings and offering the payment of the amount detailed in the appended table. The applicant company accepted the friendly settlement proposal of the Government. This amount will converted into Turkish liras at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertake to pay simple interest on it, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The payment will constitute the final resolution of the cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the applications.
In view of the above, it is appropriate to strike the applications out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 18 January 2024.
Viktoriya Maradudina Frédéric Krenc
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 of the Convention
(access to court)
No.
Application no.
Date of introduction
Applicant’s name
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s letter
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
(in euros)[1]
23284/21
26/04/2021
AYDIN İNŞAAT TAAHHÜT PARK VE KAFETERYA İŞLETMECİLİĞİ TİCARET LİMİTED ŞİRKETİ
Şevket Çelik
Istanbul
21/07/2023
14/09/2023
3,000
60528/21
19/11/2021
[1] Plus any tax that may be chargeable to the applicant.