YEŞILBAŞ A THE ETIQUETTE TURIZM TRADING LTD AND AKDENIZ ÇEVRE KORUMA VE KÜLTÜR DERNEĞI proti Turecku

SECOND SECTION

DECISION

This version was rectified on 25 November 2021

under Rule 81 of the Rules of Court.

Applications nos. 7681/19 and 32360/19
Turgay YEŞILBAŞ and THE ETIQETTE TURIZM LTD against Turkey
and AKDENIZ ÇEVRE KORUMA VE KÜLTÜR DERNEĞI against Turkey

(see appended table)

The European Court of Human Rights (Second Section), sitting on 23 September 2021 as a Committee composed of:

Branko Lubarda, President,
Pauliine Koskelo,
Marko Bošnjak, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having regard to the formal declarations accepting a friendly settlement of the cases,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants’ complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings were communicated to the Turkish Government (“the Government”).

The Court notes at the outset that as regards application no. 7681/19, the applicants complained under Article 6 of the Convention about the length of the proceedings initiated by them before the Turkish Republic of Northern Cyprus (the “TRNC”) courts. The complaints brought by the applicants were examined before the “TRNC” courts according to their own domestic law provisions. Thus, the domestic remedies in respect of the complaint on the length of proceedings, foreseen according to Turkish law, are not available to the applicants in application no. 7681/19.[1]

The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Turkey in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts 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 these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, 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 cases.

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

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 applications.

In view of the above, it is appropriate to strike the cases out of the list.

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 14 October 2021.

{signature_p_2}

Viktoriya Maradudina Branko Lubarda
Acting Deputy Registrar President

APPENDIX

Applications raising complaints under Article 6 § 1 of the Convention

(excessive length of civil proceedings)

[1] Rectified on 25 November 2021: this paragraph has been added.

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

[2] Plus any tax that may be chargeable to the applicants.