The European Court of Human Rights (Second Section), sitting on 27 September 2016 as a Chamber composed of: Julia Laffranque, President, Işıl Karakaş, Nebojša Vučinić, Valeriu Griţco, Ksenija Turković, Jon Fridrik Kjølbro, Georges Ravarani, judges, and Hasan Bakırcı, Deputy Section Registrar, Having regard to the above application lodged on 22 March 2016, Having deliberated, decides as follows: THE FACTS 1. The applicant, Özel Feza Eğitim Öğretim Yurt ve Kantin İşletmeciliği Ticaret Anonim Şirketi, is a joint stock company registered in Turkey that operated a private tutoring centre (dershane) in Kütahya for students preparing for secondary school and university entrance examinations at the time of the events giving rise to the present application. The applicant company was represented before the Court by Mr M. Kasap, a lawyer practising in Ankara. 2 ÖZEL FEZA EĞİTİM ÖĞRETİM...
SECOND SECTION DECISION Application no. 16318/16 ÖZEL FEZA EĞİTİM ÖĞRETİM YURT VE KANTİN İŞLETMECİLİĞİ TİCARET ANONİM ŞİRKETİ against Turkey The European Court of Human Rights (Second Section), sitting on 27 September 2016 as a Chamber composed of: Julia Laffranque, President, Işıl Karakaş, Nebojša Vučinić, Valeriu Griţco, Ksenija Turković, Jon Fridrik Kjølbro, Georges Ravarani, judges, and Hasan Bakırcı, Deputy Section Registrar, Having regard to the above application lodged on 22 March 2016, Having deliberated, decides as follows: THE FACTS 1. The applicant, Özel Feza Eğitim Öğretim Yurt ve Kantin İşletmeciliği Ticaret Anonim Şirketi, is a joint stock company registered in Turkey that operated a private tutoring centre (dershane) in Kütahya for students preparing for secondary school and university entrance examinations at the time of the events giving rise to the present application. The applicant company was represented before the Court by Mr M. Kasap, a lawyer practising in Ankara.
2 ÖZEL FEZA EĞİTİM ÖĞRETİM YURT VE KANTİN İŞLETMECİLİĞİ TİCARET ANONİM ŞİRKETİ v. TURKEY DECISION A. The circumstances of the case 2. The facts of the case, as submitted by the applicant company, may be summarised as follows. 1. Background to the case 3. Law no. 5580 on Private Education Institutions was enacted on 8 February 2007 to govern the authorisation, operation, management and supervision of private education institutions. According to former section 2 (b) of Law no. 5580, the term “institution” included, for the purposes of that Law, private institutions engaging in pre-school, elementary and secondary school education, schools for special education and various training courses, distance learning institutions, private tutoring centres, driving schools, in-service training centres, student study centres, special education and rehabilitation centres, and other similar private education institutions. 4. According to former section 2 (f) of Law no. 5580, a “private tutoring centre” was defined as a private education institution that prepared students for, inter alia, examinations held for admittance to secondary education or higher education (hereinafter referred to as “entrance examinations”). 5. On 1 March 2014 Law no. 6528 was enacted to amend various laws, including Law no. 5580. Amongst other changes, Law no. 6528 removed “private tutoring centres” from the list of private education institutions that were authorised to operate within the scope of Law no. 5580, and made certain arrangements for the transformation of private tutoring centres in operation to other education institutions. It also amended the definition of “various training courses” mentioned in section 2 (b) of Law no. 5580 to specify that such training courses could not engage in preparing students for entrance examinations, and further added that “student study centres” referred to in the same paragraph could only offer services to students who were a...