Communicated on 19 December 2017
SECOND SECTION
Application no. 33608/09
Recep Gürsel KAÇALAY
against Turkey
lodged on 28 May 2009
SUBJECT MATTER OF THE CASE
The application concerns the partial payment made to the applicant for his account at İktisat Bankası T.A.Ş. (“İktisat Bank”), following the latter’s takeover by the Savings Deposit Insurance Fund (Tassarruf Mevduatı Sigorta Fonu). The applicant brought proceedings following the bank’s objection to the enforcement proceedings he had initiated. The Istanbul Commercial Court dismissed the case, indicating that it did not agree with the expert reports, which concluded that the bank could not be considered to have been abused. The court found that the amount deducted from the applicant’s account had been accumulated by the application of excessive interest rates, which had been offered by the bank to provide money flow during a period of financial difficulty, and that the applicant had exploited the bank’s situation by profiting from those rates.
The applicant complains of a violation of his right under Article 1 of Protocol No. 1 to the Convention.
QUESTION tO THE PARTIES
Has the applicant been deprived of his possessions in the public interest, and in accordance with the conditions provided for by law, within the meaning of Article 1 of Protocol No. 1, as a result of the seizure of part of his account at İktisat Bank, corresponding to the amount accumulated by “overnight interests”, following that bank’s transfer to the Savings Deposit Insurance Fund?
In particular, did that deprivation impose an excessive individual burden on the applicant (see Immobiliare Saffi v. Italy, [GC], no. 22774/93, § 59, ECHR 1999-V)?
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