The applicant, Sace Elektrik Ticaret ve Sanayi A.Ş., is a Turkish company. It owned a plot of land in Istanbul, which was mortgaged to a bank. Following a delay in monthly repayments, the bank started enforcement proceedings and the land was sold at an auction in March 2001. The company applied to have the sale annulled on the grounds that there had been flaws in the organisation of the auction. In September 2004, following a number of appeals, the Turkish courts dismissed the company’s case and ordered the payment of a fine amounting to 10% of the object of the dispute, totaling 262,307,000,000 Turkish lira (approximately 140,000 EUR). In January 2005 the Court of Cassation rejected the request of the company for an appeal.
Relying on Article 6 § 1 (access to 3 court), the company complained that the fine imposed on it had constituted a breach of its right of access to a court, as the payment should be seen as a penalty for bringing its case.
The Court concluded that there was violation of Art. 6§1
Just satisfaction: The Court held that the finding of a violation constituted sufficient just satisfaction for any non-pecuniary damage suffered by the applicant company. It further awarded the applicant company EUR 3,000 in respect of costs and expenses.
