The European Court of Human Rights (Second Section), sitting on 18 May 2010 as a Chamber composed of: Françoise Tulkens, President, Ireneu Cabral Barreto, Danutė Jočienė, András Sajó, Nona Tsotsoria, Işıl Karakaş, Kristina Pardalos, judges, and Sally Dollé, Section Registrar, Having regard to the above application lodged on 25 December 2003, Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant, Having deliberated, decides as follows: THE FACTS The applicant, Ercanlar Otomotiv Tic. A.Ş., is a joint stock company registered in Turkey and located in Istanbul. It was represented before the Court by Mr S.N. Gürel, a lawyer practising in Istanbul. The Turkish Government (“the Government”) were represented by their Agent. 2 ERCANLAR OTOMOTİV TİC. A.Ş. v. TURKEY DECISION The circumstances of the case The facts...
SECOND SECTION DECISION AS TO THE ADMISSIBILITY OF Application no. 7123/04 by ERCANLAR OTOMOTİV TİC. A.Ş. against Turkey The European Court of Human Rights (Second Section), sitting on 18 May 2010 as a Chamber composed of: Françoise Tulkens, President, Ireneu Cabral Barreto, Danutė Jočienė, András Sajó, Nona Tsotsoria, Işıl Karakaş, Kristina Pardalos, judges, and Sally Dollé, Section Registrar, Having regard to the above application lodged on 25 December 2003, Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant, Having deliberated, decides as follows: THE FACTS The applicant, Ercanlar Otomotiv Tic. A.Ş., is a joint stock company registered in Turkey and located in Istanbul. It was represented before the Court by Mr S.N. Gürel, a lawyer practising in Istanbul. The Turkish Government (“the Government”) were represented by their Agent.
2 ERCANLAR OTOMOTİV TİC. A.Ş. v. TURKEY DECISION The circumstances of the case The facts of the case, as submitted by the parties, may be summarised as follows. On 17 November 1982 a public company, the Türkiye Süt Endüstrisi Kurumu (the State dairy producer, hereafter referred to as the “SEK”), decided to partially expropriate a plot of land (parcel no. 80) owned by the applicant company and located in Mersinli, İzmir. On 25 February 1983 the applicant company was officially notified of the SEK's expropriation decision by a notice served through the notary public. It was indicated in the notice that expropriation compensation in the amount of 2,803,700 Turkish liras (TRL) had been deposited in the applicant company's name in a blocked bank account at the Alsancak Branch of Ziraat Bankası, a State-run bank. The applicant subsequently sought the annulment of the expropriation. On 21 December 1983 the İzmir Administrative Court rejected the applicant's request and on 18 December 1984 the Supreme Administrative Court upheld the administrative court's decision. On an unspecified date the applicant company commenced proceedings for additional compensation. On 4 November 1986 the İzmir Civil Court ordered that the amount of compensation be increased by TRL 7,848,800. The judgment became final on 17 February 1987, neither of the parties having appealed. On 25 November 1987 the additional expropriation was deposited in the same account at Ziraat Bankası in the applicant company's name. The applicant company subsequently lodged an action with the İzmir Administrative Court for the annulment of the parcel plan pertaining to the expropriated plot of land. On 27 April 1988 the İzmir Administrative Court annulled the parcel plan as requested. On 29 May 1989 the Supreme Administrative Court upheld the judgment of the administrative court. A new parcel plan was prepared on 24 September 1998, which was also annulled by the İzmir Administrative Court on 18 October 2002. It appears that there is presently no parcel plan in resp...