SECOND SECTION
DECISION
Application no. 38927/06
EK-İL İNŞAAT TAAHHÜT TİCARET VE SANAYİ ANONİM ŞİRKETİ and Ekrem EKŞİ against Turkey
(see appended table)
The European Court of Human Rights (Second Section), sitting on 30 April 2020 as a Committee composed of:
Ivana Jelić, President,
Arnfinn Bårdsen,
Darian Pavli, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 1 September 2006,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 1 of Protocol No. 1 concerning the non-payment of the debts owed by a municipality were communicated to the Turkish Government (“the Government”). Complaints based on the same facts were also communicated under Article 13 of the Convention.
The Court received the friendly-settlement declaration under which the applicants agreed to waive any further claims against Turkey in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay them the amount detailed in the appended table. This amount will be converted into the currency of the respondent State 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 case.
THE LAW
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 application.
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 4 June 2020.
Liv TigerstedtIvana Jelić
Acting Deputy RegistrarPresident
APPENDIX
Application raising complaints under Article 1 of Protocol No. 1 to the Convention
(Non-payment of the debts owed by a municipality to the applicants)
Application no.
Date of introduction
Applicants’ name
Date of birth
Date of receipt of Government’s declaration
Date of receipt of applicants’ declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per application
(in euros)[1]
38927/06
01/09/2006
(2 applicants)
EK-İL İNŞAAT TAAHHÜT TİCARET VE SANAYİ ANONİM ŞİRKETİ
Ekrem EKŞİ
01/01/1962
26/02/2020
26/02/2020
1,500
[1] Plus any tax that may be chargeable to the applicants.
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