SECOND SECTION
DECISION
Application no. 79602/16
Fadim SALUR against Turkey
and 4 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 28 May 2020 as a Committee composed of:
Ivana Jelić, President,
Arnfinn Bårdsen,
Darian Pavli, judges
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were all represented by A. Aktay, a lawyer practising in Mersin.
The applicants’ complaints under Article 1 of Protocol No. 1 to the Convention concerning a judicial practice of the civil courts, in the context of expropriation proceedings, to order the 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 friendly-settlement declarations under which the applicants agreed to waive any further claims against Turkey in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them 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 cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
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 applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 18 June 2020.
Liv TigerstedtIvana Jelić
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 1 of Protocol No. 1 to the Convention
No.
Application no.
Date of introduction
Applicant’s name
Date of birth
Date of receipt of
Government’s declaration
Date of receipt of
Applicant’s declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros)[1]
79602/16
12/12/2016
Fadim SALUR
01/07/1946
05/05/2020
20/04/2020
400
12009/17
26/01/2017
Mustafa ERTEN
01/01/1966
05/05/2020
20/04/2020
400
12022/17
26/01/2017
Fatma KARTUN
25/02/1966
05/05/2020
20/04/2020
400
12033/17
26/01/2017
Yusuf YAZGAN
25/08/1950
05/05/2020
20/04/2020
400
12051/17
26/01/2017
Hasan Hüseyin YANAR
20/10/1972
05/05/2020
20/04/2020
400
[1] Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy