ÖNER v. TURKEY and 1 other application

Doc ref: 48517/12;140/13 • ECHR ID: 001-178461

Document date: October 11, 2017

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ÖNER v. TURKEY and 1 other application

Doc ref: 48517/12;140/13 • ECHR ID: 001-178461

Document date: October 11, 2017

Cited paragraphs only

Communicated on 11 October 2017

SECOND SECTION

Applications nos 48517/12 and 140/13 Ayşe ÖNER and Yü cel Ö NER against Turkey and Eli f MAYDA and H ü seyin MAYDA against Turkey lodged on 19 June 2012 and 21 September 2012 respectively

SUBJECT MATTER OF THE CASE

The applications concern compensation proceedings brought by the applicants against relevant State authorities before the military administrative courts. The expert reports taken out during the domestic proceedings assessed the amount of pecuniary damages suffered by the applicants to be higher than the amounts initially claimed by them. Nevertheless the applicants were only awarded the initial amounts indicated in their petition when they had instituted the proceedings. The applicants complain of the impossibility to claim the additional amount of pecuniary damage indicated in the relevant expert reports.

QUESTION tO THE PARTIES

Did the determination of the applicants ’ civil rights satisfy the criteria under Article 6 § 1 of the Convention? In particular, were the applicants denied the right of access to a court, in respect of the amount of compensation established in the relevant expert reports (see Fatma Nur Erten and Adnan Erten v. Turkey, no. 14674/11, 25 November 2014)?

Application no 48517/12

N o .

Firstname LASTNAME

Birth year

Nationality

Place of residence

Representative

1Ayşe ÖNER

1968Turkish

Zonguldak

H. Kara

2Yücel ÖNER

1961Turkish

Zonguldak

H. Kara

Application no 140/13

N o .

Firstname LASTNAME

Birth year

Nationality

Place of residence

Representative

1Elif MAYDA

1955Turkish

Bursa

O. Aydın

2Hüseyin MAYDA

1956Turkish

Bursa

O. Aydın

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