Published on 6 October 2025
 
SECOND SECTION
Application no. 8159/22
Şenel ÇELİK and Others
against Türkiye
lodged on 28 January 2022
communicated on 19 September 2025
SUBJECT MATTER OF THE CASE
The application concerns the depreciation of the compensation awarded to the applicants by the civil courts, in the period from the date of the final judgment of the Court of Cassation to the date of payment, for the loss of their two separate plots of land following the cadastral survey.
The applicants complain under Article 1 of Protocol No. 1 to the Convention that they suffered a financial loss as the compensation awarded was depreciated due to the monetary inflation during the relevant period.
QUESTION TO THE PARTIES
Has there been a violation of the applicants’ right to the peaceful enjoyment of their possessions within the meaning of Article 1 of Protocol No. 1? In particular, as regards the period from the date of the final domestic court decision of the Court of Cassation until the date of payment, did the loss of value, which was suffered by the applicants as a result of the difference between the inflation rate and the interest rate applied to the compensation award, impose an excessive and disproportionate burden on them (see, mutatis mutandis, Akkuş v. Turkey, 9 July 1997, §§ 20-21 and 29‑31, Reports of Judgments and Decisions 1997-IV, and Aka v. Turkey, 23 September 1998, §§ 42-51, Reports 1998‑VI)?
 
APPENDIX
No.
Applicant’s Name
Year of birth
Nationality
Place of residence
1.
Şenel ÇELİK
 
1956
Turkish
Ankara
2.
Filiz AYGÜN
 
1975
Turkish
Ankara
3.
Güven ÇELİK
 
1975
Turkish
Ankara
4.
Mehmet ÇELİK
 
1976
Turkish
Samsun