SECOND SECTION
DECISION
Application no. 10531/18
Mustafa FESLI and Mehmet ARDIC
against Turkey
(see appended table)
The European Court of Human Rights (Second Section), sitting on 26 August 2021 as a Committee composed of:
Branko Lubarda, President,
Pauliine Koskelo,
Marko Bošnjak, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 10 July 2017,
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 were represented by Mr A. Aktay, a lawyer practising in Mersin.
The applicants’ complaints under Article 1 of Protocol No. 1 to the Convention concerning judicial practice of civil courts, in the context of expropriation proceedings, to order parties to pay a lump sum to the opposing party in respect of legal fees were communicated to the Turkish Government (“the Government”).
The Court received the 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 this application, and the Government undertook 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 16 September 2021.
{signature_p_2}
Viktoriya Maradudina Branko Lubarda
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 1 of Protocol No. 1 to the Convention
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
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
(in euros)[1]
10531/18
10/07/2017
Mustafa FESLI
1954
Mehmet ARDIÇ
1962
Aktay Adil
Mersin
17/06/2021
10/12/2019
400 jointly
[1] Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy