PROCEDURE

The case originated in an application (no. 42952/04) against the Republic of Turkey lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Turkish national, Mr Murat Zeytinli (“the applicant”), on 24 September 2004.

The applicant was represented by Mr Ç. Yüksel, a lawyer practising in İstanbul. The Turkish Government (“the Government”) were represented by their Agent.

On 21 October 2008 the Court declared the application partly inadmissible and decided to communicate the complaints concerning the length of the administrative proceedings with regard to the applicant's compensation claim and the alleged insufficiency of the interest payable on the compensation the applicant received. It also decided to rule on the admissibility and merits of the application at the same time (Article 29 § 3).

THE FACTS

THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1965 and lives in İstanbul.

On 2 July 1998 the applicant initiated compensation proceedings before the İstanbul Administrative Court against the İstanbul Stock Exchange (“the IMKB”). He requested 47,000,000,000 Turkish liras (TRL) in respect of pecuniary damage and TRL 5,000,000,000 in respect of non-pecuniary damage for the period between November 1990 and 16 December 1996 during which, as had previously been established by the domestic courts, he ought to have been recruited by the IMKB.

On 18 July 1998 the IMKB unsuccessfully challenged the jurisdiction of the İstanbul Administrative Court. On 8 February 1999 the IMKB repeated its challenge and requested that the matter be referred to the Jurisdiction Disputes Court. On 7 July 1999 the Court of Cassation confirmed the public corporative nature of the IMKB and held that the matter fell within the jurisdiction of the administrative courts.

On 30 November 2001 the İstanbul Administrative Court dismissed the applicant's claim in respect of non-pecuniary damage and awarded him TRL 3,117,228,5260 in respect of pecuniary damage, plus default interest running from the date on which the debt arose until the date of payment. Both parties appealed.

On 11 May 2005 the IMKB paid the applicant TRL 17,275,000,0000.

On 24 May 2005 the Council of State upheld the judgment. On 9 September 2005 the applicant requested rectification. On 10 December 2007 the Council of State dismissed the applicant's request. The applicant was notified of this on 7 February 2008.