SECOND SECTION
DECISION
Application no. 34856/20
ŞIMŞEK İNŞAAT NAKLIYAT ELEKTRIK OTOMOTIV PLASTIK TICARET SANAYI A.Ş. and SMK ENERJI PETROL INSAAT TURIZM LOJISTIK SANAYI TICARET A.S.
against Türkiye
(see appended table)
The European Court of Human Rights (Second Section), sitting on 29 June 2023 as a Committee composed of:
Frédéric Krenc, President,
Diana Sârcu,
Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 17 July 2020,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Mr M. Karaman, a lawyer practising in Diyarbakır.
The applicants’ complaints under Article 1 of Protocol No. 1 to the Convention were communicated to the Turkish Government (“the Government”).
The Court received the friendly-settlement declarations, signed by the parties, under which the applicants 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 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
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 20 July 2023.
Viktoriya Maradudina Frédéric Krenc
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 1 of Protocol No. 1 to the Convention
(Peaceful enjoyment of possessions)
Application no.
Date of introduction
Applicants’ name
Year of registration
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicants’ declaration
Amount awarded for non-pecuniary damage
(in euros)[1]
Amount awarded for costs and expenses
(in euros)[2]
34856/20
17/07/2020
ŞİMŞEK İNŞAAT NAKLİYAT ELEKTRİK OTOMOTİV PLASTİK TİCARET SANAYİ A.Ş.
1996
SMK ENERJİ PETROL İNŞAAT TURİZM LOJİSTİK SANAYİ TİCARET A.Ş.
2013
Karaman Mahsuni
Diyarbakır
15/05/2023
24/05/2023
2,000
500
[1]. Plus any tax that may be chargeable to the applicants.
[2]. Plus any tax that may be chargeable to the applicants.