Communicated on 21 February 2018
SECOND SECTION
Application no. 17473/10
Oya OTYILDIZ
against Turkey
lodged on 23 March 2010
SUBJECT MATTER OF THE CASE
The application concerns the compensation proceedings brought by the applicant against the governor of the province of Uşak, who allegedly insulted her, in which she claimed 10,000 Turkish liras (TRY – equivalent to approximately 5,676 euros (EUR) at the time of the lawsuit) in respect of non-pecuniary damages. The first-instance court dismissed the applicant’s lawsuit. The applicant appealed against the judgment before the 4th Civil Chamber of the Court of Cassation, which upheld the first-instance court’s judgment. The applicant lodged an application for the rectification of that decision before the same chamber. The chamber dismissed the applicant’s request on the grounds that the amount of the applicant’s claim dismissed by the lower court was below the minimum statutory threshold for seeking rectification.
Invoking Article 13 of the Convention, the applicant complains that she was deprived of her right of access to court on the grounds that the Court of Cassation refused to examine the merits of her request for rectification by holding that the sum of the applicant’s claim did not reach the threshold required under domestic law for rectification proceedings to be instituted.
QUESTION tO THE PARTIES
Has there been a breach of the applicant’s right of access to court on account of the 4th Civil Chamber of the Court of Cassation’s dismissal of the applicant’s request for a rectification even though the amount of the applicant’s claim for damages was in fact higher than the minimum amount for rectification under the applicable legislation in force at the time of the decision, that is to say, TRY 8,510 (equivalent to approximately EUR 3,936) at the time of the Court of Cassation’s final decision?
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