SECOND SECTION
DECISION
Application no. 42973/09
Adrianus Gerardus DUITS against Turkey
and 15 other applications
(see list appended)
The European Court of Human Rights (Second Section), sitting on 10 April 2018 as a Committee composed of:
Ledi Bianku, President,
Nebojša Vučinić,
Jon Fridrik Kjølbro, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of the applicants is set out in the appendix. The applicants were all represented before the Court by Mr J. Ertürk, a lawyer practicing in Ankara.
The Turkish Government (“the Government”) were represented by their Agent.
The applicants were all individual small shareholders of Demirbank, which was taken over by the State. They complained under Article 1 of Protocol No. 1 to the Convention that, since they were illegally deprived of their shares in Demirbank and could not receive any compensation for their loss, their right to peaceful enjoyment of their possessions was violated.
The applicants’ complaints were communicated to the Government.
On 4 January 2018 and 8 February 2018 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Turkey in respect of the facts giving rise to these applications against an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook 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 settlements reached between the parties. It is satisfied that the settlements are based on respect for human rights as defined in the Convention and its Protocols and finds no reasons to justify a continued examination of the applications. In view of the above, it is appropriate to strike the cases 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 17 May 2018.
Hasan BakırcıLedi Bianku
Deputy RegistrarPresident
Appendix
No.
Application
no.
Lodged on
Applicant’s name,
date of birth,
place of residence
Applicant’s
Nationality
Amount awarded for pecuniary and non-pecuniary damage per application (in euro)
Amount awarded for costs and expenses per application (in euro)
42973/09
30/07/2009
Adrianus Gerardus DUITS
01/06/1947
Fuerth
Dutch
701.90
100
48805/09
26/08/2009
Thomas KONANZ
18/08/1978
Bretten
German
252.61
100
50083/09
01/09/2009
Gerald Karl WEBER
21/09/1961
Bologna
German
679.76
100
50174/09
01/09/2009
Josef SCHILLER
20/02/1959
Aholming
German
675.95
100
52368/09
16/09/2009
Peter SCHLETT
11/12/1953
Lüchow
German
754.04
100
52373/09
16/09/2009
Ursula BOSSERT
30/07/1957
Offenburg
German
512.61
100
53453/09
16/09/2009
Brigitte GRIMMIG
15/07/1952
Augsburg
German
466.19
100
53454/09
25/09/2009
Martin BECKER
13/01/1947
Fellbach
German
506.90
100
53455/09
23/09/2009
Hans Heinrich SCHAFER
07/04/1953
Herne
German
701.90
100
53456/09
16/09/2009
Frank LIMPER
09/12/1968
Bad Berleburg
German
337.85
100
53941/09
16/09/2009
Fahrettin ALAKUŞ
01/01/1949
Cloppenburg
Turkish
701.90
100
54629/09
29/09/2009
Shane DOWNS
08/09/1968
Himbergen
German
429.04
100
54936/09
06/10/2009
Werner BAAS
Plochingen
German
404.76
100
56202/09
10/10/2009
Uwe ARLT
05/01/1964
Mügeln
German
492.14
100
60243/09
16/09/2009
Gunter THIELEMANN
13/05/1938
Vienenburg
German
675.95
100
60248/09
16/09/2009
Gretel KUNZ
18/08/1937
Offenbach
German
527.38
100
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