The European Court of Human Rights (Second Section), sitting on 4 September 2007 as a Chamber composed of: Mrs F. TULKENS, President, Mr A.B. BAKA, Mr I. CABRAL BARRETO, Mr R. TÜRMEN, Mr M. UGREKHELIDZE, Mr V. ZAGREBELSKY, Mr D. POPOVIĆ, judges, and Mrs F. ELENS-PASSOS, Deputy Section Registrar, Having regard to the above application lodged on 5 November 2002, Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together. Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants, Having deliberated, decides as follows: THE FACTS The applicants are the Orimpeks Madencilik San. ve Tic. Ltd. Şti, a construction company registered in Turkey, and its director and main shareholder, M. Adil Orguner, a Turkish national who was born in 1946 and...
CONSEIL DE L’EUROPE COUNCIL OF EUROPE COUR EUROPÉENNE DES DROITS DE L’HOMME EUROPEAN COURT OF HUMAN RIGHTS SECOND SECTION DECISION AS TO THE ADMISSIBILITY OF Application no. 43475/02 by ORİMPEKS MADENCİLİK SAN. VE TİC. LTD. ŞTİ. and ADİL ORGUNER against Turkey The European Court of Human Rights (Second Section), sitting on 4 September 2007 as a Chamber composed of: Mrs F. TULKENS, President, Mr A.B. BAKA, Mr I. CABRAL BARRETO, Mr R. TÜRMEN, Mr M. UGREKHELIDZE, Mr V. ZAGREBELSKY, Mr D. POPOVIĆ, judges, and Mrs F. ELENS-PASSOS, Deputy Section Registrar, Having regard to the above application lodged on 5 November 2002, Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together. Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants, Having deliberated, decides as follows: THE FACTS The applicants are the Orimpeks Madencilik San. ve Tic. Ltd. Şti, a construction company registered in Turkey, and its director and main shareholder, M. Adil Orguner, a Turkish national who was born in 1946 and
2 ORİMPEKS MADENCİLİK SAN. VE TİC. LTD. ŞTİ. AND ADIL ORGUNER v. TURKEY – DECISION lives in Izmir. They were represented before the Court by Mr A. F. Eren, a lawyer practising in Izmir. A. The circumstances of the case The facts of the case, as submitted by the parties, may be summarised as follows. Between 1997 and 1998, the Orimpeks Madencilik San. ve Tic. Ltd. Şti (“the applicant company”) undertook some construction work by virtue of a contract with the Uzay Construction Ltd. (“Uzay”). Uzay thereby owed the applicant company 170,000 American dollars (USD). In the absence of any payment, on 8 October 1998 the applicant company lodged enforcement proceedings against Uzay for part of the debt owed to it (USD 53,327) before the Izmir Enforcement Office. Uzay appealed and obtained a stay of the enforcement proceedings. On 17 August 1999, the applicant company sued Uzay before the Istanbul Commercial Court. During the proceedings, the Istanbul Commercial Court obtained an expert report on the value of the work completed by the applicant company. According to that report, Uzay’s objection to the enforcement of the debt was unjustified. On 27 February 2001 the Istanbul Commercial Court ruled in favour of the applicant company and lifted the stay of the enforcement proceedings. Its claim was also accepted as regards the remainder of the debt, namely USD 116,673. The court decided that this amount should be paid to the applicant company with interest from the date of the introduction of the case, together with the sum of USD 53,327 which was the earlier amount outstanding before the enforcement office. The remaining legal charges for the case were assessed at 3,376,194 Turkish liras ((TRL), approximately USD 4,925 at the material time). Uzay did not pay the legal charges within the compulsory ...