Information Note on the Court’s case-law 64

May 2004

Tütüncü and Others v. Turkey (dec.) - 74405/01

Decision 13.5.2004 [Section III]

Article 13

Effective remedy

Impossibility of obtaining payment of compensation due by the State: admissible

Article 1 of Protocol No. 1

Article 1 para. 1 of Protocol No. 1

Peaceful enjoyment of possessions

Delay by the State in paying sums together with interest at a lower rate than the rate of inflation: admissible

The three applicants, who were temporary municipal employees, had been laid off in 1999 without receiving either salary or compensation from the municipality. They were awarded compensation in a court ruling of November 1 999, to which default interest was to be added at the statutory rate. They brought enforcement proceedings against the municipality. On the date of the Court's decision, they had received no payments. Two of the applicants had applied for attachment of the municipality's bank account and of certain immovable property, but the law provided that assets belonging to a municipality and assets intended for public use could not be attached. The applicants complained of the delay in payment of their compensation, the inadequacy of the default interest rate applied to State debts and the lack of a remedy in domestic law to oblige the municipality to pay the compensation due.

Admissible under Article 13 and Article 1 of Protocol No. 1.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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