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ÇAKAR v. TURKEY and 26 other applications

Doc ref: 43186/17, 43202/17, 56259/17, 56261/17, 57246/17, 57267/17, 57271/17, 58207/17, 58353/17, 63953/17, ... • ECHR ID: 001-197199

Document date: October 2, 2019

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ÇAKAR v. TURKEY and 26 other applications

Doc ref: 43186/17, 43202/17, 56259/17, 56261/17, 57246/17, 57267/17, 57271/17, 58207/17, 58353/17, 63953/17, ... • ECHR ID: 001-197199

Document date: October 2, 2019

Cited paragraphs only

Communicated on 2 October 2019

SECOND SECTION

Application no. 43186/17 Ünal ÇAKAR against Turkey and 26 other applications (see list appended)

SUBJECT MATTER OF THE CASE S

The applications concern the judicial practice, in the context of expropriation proceedings, to order both parties to pay a lump sum to the opposing party in respect of lawyer fees.

The applicants complain that such an order decreased the expropriation indemnity awarded to them. They argue that they have no responsibility for the initiation of the proceedings, as the courts ruled in their favour and decided to increase the amounts initially proposed by the expropriating public authority.

Relying on Article 1 of Protocol No. 1 to the Convention, the applicants complain of a violation of their right to peaceful enjoyment of their possessions .

QUESTION TO THE PARTIES

Has there been an interference with the applicants ’ right to peaceful enjoyment of their possessions ? In particular, did the fact that the applicants were ordered to pay attorney fees to the expropriating public authority constitute an excessive burden which upset the fair balance which must be struck between the general interest of the community and the fundamental rights of the individual (see Musa Tarhan v. Turkey, no.12055/17 , 23 October 2018)?

APPENDIX

1. 43186/17 Çakar

2. 43202/17 Tekdamar

3. 56259/17 Ekiz

4. 56261/17 Gültekin

5. 57246/17 Ä°zmir

6. 57267/17 Ballıca

7. 57271/17 KarakuÅŸ

8. 58207/17 Ölmez and Others

9. 58353/17 Yanar

10. 63953/17 Demirörs

11. 63966/17 Çakar

12. 63974/17 Fesli

13. 64527/17 KodaÅŸ

14. 64699/17 Ardıç

15. 64745/17 Yanar

16. 68426/17 Zengin

17. 78161/17 KarataÅŸ

18. 82327/17 Kiraz

19. 3052/18 Alıcı

20. 3095/18 Sarı and Others

21. 3116/18 Söğüt

22. 10531/18 Fesli and Ardıç

23. 26076/18 Ada

24. 34055/18 Yazgan

25. 34086/18 Bozkurt

26. 57921/18 Sayar

27. 5628/19 SelvidaÄŸ

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