SECOND SECTION
DECISION
Application no. 59957/21
GALATASARAY SPORTİF SINAİ VE TİCARİ YATIRIMLAR ANONİM ŞİRKETİ
against Türkiye
(see appended table)
The European Court of Human Rights (Second Section), sitting on 27 June 2024 as a Committee composed of:
Diana Sârcu, President,
Davor Derenčinović,
Gediminas Sagatys, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 22 November 2021,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant company’s details are set out in the appended table.
The applicant company was represented by Mr S. Karakış, a lawyer practising in Istanbul.
The applicant company’s complaints under Article 6 § 1 of the Convention concerning the right to a reasoned decision and the lack of independence and impartiality of the Arbitration Committee of the Turkish Football Federation were communicated to the Turkish Government (“the Government”).
The Court received the friendly-settlement declarations, signed by the parties, under which the applicant company agreed to waive any further claims against Türkiye in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay 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 payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above‑mentioned three-month period, the Government undertake to pay simple interest on them, 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 18 July 2024.
Viktoriya Maradudina Diana Sârcu
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 6 of the Convention
(independent and impartial tribunal)
Application no.
Date of introduction
Applicant’s name
Year of registration
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage per applicant
(in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
59957/21
22/11/2021
GALATASARAY SPORTİF SINAİ VE TİCARİ YATIRIMLAR ANONİM ŞİRKETİ
1997
Şefik Karakış
Istanbul
05/04/2024
13/05/2024
6,000
500
[1] Plus any tax that may be chargeable to the applicant.
[2] Plus any tax that may be chargeable to the applicant.