SECOND SECTION

DECISION

Application no. 16808/09 Ãœlken YÃœCEL against Turkey

( s ee 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 application lodged on 10 February 2009 ,

Having regard to the formal declaration s accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant ’ s details are set out in the appended table.

The applicant was represented by Mr T. AlemdaroÄŸlu , a lawyer practising in Ankara.

The applicant ’ s complaint under Article 1 of Protocol No. 1 to the Convention, concerning the decrease in the surface area of a land purchased by the applicant , which was caused by an erroneous entry in the land registry, was communicated to the Turkish Government (“the Government”) .

The Court received the friendly-settlement declaration under which the applicant agreed to waive any further claims against Turkey in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him the amount detailed in the appended table. This amount 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 this amount within the above-mentioned three-month period, the Government undertake to pay simple interest on it, 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 case.

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 18 June 2020 .

Liv Tigerstedt Ivana Jelić Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 1 of Protocol N o. 1 to the Convention

( decrease in the surface area of a land purchased by the applicant )

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

(in US dollars) [1]

16808/09

10/02/2009

Ãœlken YÃœCEL

01/03/1940

16/01/2020

11/03/2020

22,119

[1] Plus any tax that may be chargeable to the applicant .