Communicated on 12 April 2018
SECOND SECTION
Application no. 77043/12
Kemal KOCAMAN
against Turkey
lodged on 5 October 2012
SUBJECT MATTER OF THE CASE
The application concerns civil proceedings before a small claims court where the applicant’s cases against two parties concerning a contractual dispute were joined. In its judgment dated 30 June 2011, the small claims court granted the applicant’s case against one party but omitted to render a final decision concerning the other. The applicant complains under Article 6 § 1 of the Convention that his right to obtain a determination of his dispute was violated.
QUESTION tO THE PARTIES
Did the applicant have a fair hearing in the determination of his civil rights and obligations, in accordance with Article 6 § 1 of the Convention? In particular, did the domestic court’s failure to render a final decision concerning the applicant’s dispute with the other party amount to a violation of the applicant’s right of access to a court (see, mutatis mutandis, Baškienė v. Lithuania, no. 11529/04, §§ 78-81, 24 July 2007)?
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