ALTıNKUM TURIZM VE OTELCILIK HIZMETLERI SANAYI VE TICARET A. Ş. AND ASLAN v. TURKEY (European Court of Human Rights)

Last Updated on April 24, 2019 by LawEuro

Communicated on 15 January 2019

SECOND SECTION

Application no.77756/12
ALTINKUM TURİZM VE OTELCİLİK HİZMETLERİ SANAYİ VE TİCARET A.Ş. and Kemal ASLAN
against Turkey
lodged on 1 November 2012

SUBJECT MATTER OF THE CASE

The application concerns the demolition of a hotel, which was being run by the applicants who had rented it from the Municipality for a period of forty years, and the compensation awarded to them for their damages.

The applicants complain of a violation of their rights under Article 1 of Protocol No. 1, arguing that the amount of compensation awarded to them and the interest applied to that amount did not provide sufficient remedy for their loss.

QUESTION tO THE PARTIES

Has there been a violation of the applicants’ right to peaceful enjoyment of possessions under Article 1 of Protocol No. 1 to the Convention, on account of the calculation of the compensation awarded to them and the interest applied to that amount (see, mutatis mutandis, YıltaşYıldızTuristikTesisleri A.Ş. v. Turkey,no. 30502/96, 24 April 2003).