Published on 28 August 2023

SECOND SECTION

Application no. 61858/19 Hatice ÖZGÜR against Türkiye lodged on 14 November 2019 communicated on 10 July 2023

SUBJECT MATTER OF THE CASE

The application essentially concerns a judicial practice of the civil courts, in the context of urgent expropriation proceedings, to order the parties to pay a lump sum to the opposing party in respect of legal fees. It further concerns the lack of statutory interest for the additional compensation from the date the applicant lost possession of her properties.

As regards the order to pay legal fees to the opposing party, namely the administration, the applicant complains that such an order decreased the expropriation compensation awarded to her.

As regards the lack of statutory interest for the additional compensation from the date she lost possession of her properties, the applicant argues that she suffered a financial loss, caused by the depreciation of the compensation awarded, due to the monetary inflation during the relevant period.

The applicant complains under Article 1 of Protocol No. 1 to the Convention.

QUESTION TO THE PARTIES

Has there been a violation of the applicant’s right to peaceful enjoyment of her possessions within the meaning of Article 1 of Protocol No. 1 to the Convention with regard to the urgent expropriation proceedings conducted under file no. 2016/189?

In particular, in the light of the Court’s findings in the cases of Dökmeci v. Turkey (no. 74155/14, 6 December 2016) and Musa Tarhan v. Turkey (no. 12055/17, 23 October 2018) did the applicant suffer an excessive individual burden in the proceedings registered under file no. 2016/189?